Mississippi Department of Labor; create.

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To: State Affairs;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Thompson, Crosby

HOUSE BILL NO. 464

AN ACT TO CREATE A MISSISSIPPI DEPARTMENT OF LABOR; TO SET 1
FORTH AND PRESCRIBE THE FUNCTIONS OF ADMINISTRATIVE OFFICES IN THE 2
DEPARTMENT; TO PROVIDE FOR THE ELECTION OF THE COMMISSIONER OF 3
LABOR; TO AMEND SECTION 71-5-101, MISSISSIPPI CODE OF 1972, TO 4
ABOLISH THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY AND 5
TRANSFER THE DUTIES, POWERS AND FUNDS OF THE DEPARTMENT TO THE 6
OFFICE OF EMPLOYMENT SECURITY IN THE MISSISSIPPI DEPARTMENT OF 7
LABOR; TO REPEAL SECTION 71-5-107, MISSISSIPPI CODE OF 1972, WHICH 8
PROVIDES FOR THE APPOINTMENT OF THE EXECUTIVE DIRECTOR OF THE 9
MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY; TO EMPOWER THE 10
DEPARTMENT OF LABOR TO ADMINISTER AND COORDINATE CERTAIN FEDERAL 11
AND STATE-FUNDED JOB TRAINING AND EMPLOYMENT-RELATED EDUCATION 12
PROGRAMS; TO PRESCRIBE THE RESPONSIBILITIES OF THE OFFICE OF 13
INDUSTRY SERVICE AND INDUSTRY START-UP TRAINING, THE OFFICE OF 14
EMPLOYEE RELATIONS AND JOB DISCRIMINATION AND THE OFFICE OF 15
DISABLED EMPLOYEE ASSISTANCE IN THE DEPARTMENT; TO AMEND SECTIONS 16
7-1-351, 7-1-355, 7-1-357, 7-1-361, 7-1-363 AND 7-1-365, 17
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS 18
ACT; TO AMEND SECTION 25-3-31, MISSISSIPPI CODE OF 1972, TO SET 19
THE ANNUAL SALARY OF THE COMMISSIONER OF LABOR; TO AMEND SECTIONS 20
23-15-193 AND 23-15-297, MISSISSIPPI CODE OF 1972, TO ADD THE 21
COMMISSIONER OF LABOR TO THE LIST OF STATEWIDE ELECTED OFFICIALS; 22
AND FOR RELATED PURPOSES. 23
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 24
SECTION 1. As used in Sections 1 through 4 of this act, the 25
following terms shall have the meanings as defined in this 26
section, unless the context otherwise requires: 27
(a) "Commissioner" means the Commissioner of Labor. 28
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(b) "Department" means the Mississippi Department of 29
Labor. 30
(c) "Director" means the administrative head of an 31
office. 32
(d) "Office" means an administrative subdivision of the 33
department. 34
SECTION 2. (1) There is created the Mississippi Department 35
of Labor for the following purposes: 36
(a) To coordinate employer-employee services and 37
relations; 38
(b) To establish and oversee an effective and efficient 39
workforce development system in Mississippi to enable residents to 40
acquire the skills necessary to maximize their economic 41
self-sufficiency; and 42
(c) To provide Mississippi employers with the work 43
force they need to effectively compete in the changing world 44
economy. 45
(2) The department shall be composed of the following 46
offices: 47
(a) The Office of Employment Security; 48
(b) The Office of Job Development and Training; 49
(c) The Office of Industry Service and Industry 50
Start-up Training; 51
(d) The Office of Employee Relations and Job 52
Discrimination; and 53
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(e) The Office of Disabled Employee Assistance. 54
SECTION 3. The Mississippi Department of Labor shall provide 55
the labor-management services authorized by law and by the rules, 56
regulations and policies of the department to every individual 57
determined to be eligible, and in carrying out the purposes of 58
Sections 1 through 4 of this act, the department is authorized to: 59
(a) Expend funds received either by appropriation or 60
directly from federal or private sources; 61
(b) Cooperate with other departments, agencies and 62
institutions, both public and private, in providing the services 63
authorized by Sections 1 through 4 of this act to individuals, in 64
studying the problems involved therein, and in establishing, 65
developing and providing in conformity with the purposes of 66
Sections 1 through 4 of this act any programs, facilities and 67
services as may be necessary or desirable; 68
(c) Enter into reciprocal agreements with other states 69
to provide for the services authorized by Sections 1 through 4 of 70
this act to residents of the states concerned; 71
(d) Conduct research and compile statistics relating to 72
the provision of services to or the need of services by 73
individuals; 74
(e) Enter into contractual arrangements with the 75
federal government and with other authorized public agencies or 76
persons for performance of services related to labor-management; 77
and 78
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(f) Take any action as may be necessary to enable the 79
department to apply for, accept and receive for the state and its 80
residents the full benefits available under any federal 81
legislation or program having as its purpose the providing of, 82
improvement of or extension of labor-management services. 83
SECTION 4. (1) The Chief Officer of the Mississippi 84
Department of Labor shall be the Commissioner of Labor, who shall 85
be elected at the general election in 2027 and every four (4) 86
years thereafter in the same manner as the public officers 87
provided in Section 23-15-193, and Section 140 of the 88
Constitution. However, the Governor shall appoint a qualified 89
person to serve as the Commissioner of Labor from July 1, 2026, 90
until the general election in 2027. From and after the general 91
election in 2027, the Commissioner of Labor's term of office shall 92
be for four (4) years. The commissioner shall receive a 93
compensation as provided in Section 25-3-31. The commissioner 94
shall be responsible for the proper administration of the programs 95
of labor-management relations provided under Sections 1 through 4 96
of this act and shall be responsible for appointing directors of 97
offices and any necessary supervisors, assistants and employees. 98
The salary and compensation of those employees shall be subject to 99
the rules and regulations adopted and promulgated by the State 100
Personnel Board. 101
(2) In carrying out the duties under Sections 1 through 4 of 102
this act, the Commissioner of Labor shall: 103
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(a) Promulgate regulations governing personnel 104
standards, the protection of records and confidential information, 105
the manner and form of filing applications, eligibility and 106
investigation and determination therefor, for labor-management 107
services, procedures for fair hearings and any other regulations 108
as he or she finds necessary to carry out the purposes of Sections 109
1 through 4 of this act and in conformity with federal and state 110
law; 111
(b) Establish appropriate subordinate administrative 112
units within the department; 113
(c) Prepare and submit to the Legislature annual 114
reports of activities and expenditures and, before each regular 115
session of the Legislature, coordinate budget requests required 116
for carrying out Sections 1 through 4 of this act and estimates of 117
the amounts to be made available for this purpose from all 118
sources; 119
(d) Be empowered to exercise executive and 120
administrative supervision over all institutions, offices, 121
programs and services existing as of July 1, 2026, or acquired or 122
created on or after July 1, 2026, under the jurisdiction of the 123
department; 124
(e) Make certification for disbursement, in accordance 125
with regulations, of funds available for implementing the purposes 126
of Sections 1 through 4 of this act; 127
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(f) Take such other action as he or she deems necessary 128
or appropriate to effectuate the purposes of Sections 1 through 4 129
of this act; and 130
(g) Be empowered to delegate to any officer or employee 131
of the department such of his or her powers and duties as he or 132
she finds necessary to effectuate the purposes of Sections 1 133
through 4 of this act. 134
Any reference in this chapter or in any other provision of 135
law to the "Executive Director of the Mississippi Department of 136
Employment Security" means the Commissioner of Labor created in 137
Section 4 of this act. 138
SECTION 5. Section 71-5-101, Mississippi Code of 1972, is 139
amended as follows: 140
71-5-101. * * * On July 1, 2026, the Mississippi Department 141
of Employment Security is abolished, and the duties and powers of 142
the Mississippi Department of Employment Security and all 143
equipment, supplies, records and funds appropriated by the 144
Legislature to the Mississippi Department of Employment Security 145
shall be transferred to the Office of Employment Security in the 146
Mississippi Department of Labor created in Section 2 of this act. 147
Any reference in this chapter or in any other provision of law to 148
"Mississippi Department of Employment Security" or "Mississippi 149
Employment Security Commission" means the Office of Employment 150
Security within the Mississippi Department of Labor created in 151
Section 2 of this act. 152
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SECTION 6. Section 71-5-107, Mississippi Code of 1972, which 153
provides for the appointment of the Executive Director of the 154
Mississippi Department of Employment Security, is repealed. 155
SECTION 7. The Office of Job Development and Training of the 156
Mississippi Department of Labor shall administer and coordinate as 157
necessary the following federal and state-funded employment, 158
training and employment-related education programs: (a) training 159
and employment-related education programs sponsored by the federal 160
Job Training Partnership Act; (b) employment programs under the 161
Wagner-Peyser Act; (c) employment, training and education programs 162
for welfare recipients funded by the federal JOBS and Basic Skills 163
Training Program within the Family Support Act; and (d) the 164
Comprehensive Employment and Training Act of 1973. 165
SECTION 8. The Office of Industry Service and Industry 166
Start-up Training in the Mississippi Department of Labor shall 167
contract with the Mississippi Community College Board and the 168
Office of Career and Technical Education and Workforce Development 169
to provide (a) all programs embracing an existing industry or a 170
new industrial training component, and (b) all employment-related 171
community/junior college or employment-related secondary education 172
programs. 173
SECTION 9. The Office of Employee Relations and Job 174
Discrimination in the Mississippi Department of Labor shall do all 175
in its power to promote the voluntary arbitration, mediation and 176
conciliation of disputes between employers and employees and to 177
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avoid strikes, picketing, lockouts, boycotts, blacklisting, 178
discriminations and legal proceedings in matters of employment. 179
In pursuance of this duty, the office may appoint temporary boards 180
of arbitration, provide necessary expenses of those boards, order 181
reasonable compensation for each member engaged in that 182
arbitration, prescribe rules for those arbitration boards, conduct 183
investigations and hearings, publish reports and advertisements, 184
and may do all things convenient and necessary to accomplish those 185
purposes. The office may designate a mediator and may detail 186
employees or persons not in the office from time to time for the 187
purpose of executing these provisions. Nothing in this section 188
shall be construed to in any way prohibit or limit employees' 189
right to bargain collectively. 190
SECTION 10. The Office of Disabled Employee Assistance of 191
the Mississippi Department of Labor shall function as an 192
information clearinghouse and referral service for employees and 193
employers regarding any aspect of the federal Americans with 194
Disabilities Act, which prohibits discrimination in all terms and 195
conditions of employment regarding private and public employers. 196
SECTION 11. Section 7-1-351, Mississippi Code of 1972, is 197
amended as follows: 198
7-1-351. The * * * Office of Job Development and Training of 199
the Mississippi Department of Labor shall be the Division of Job 200
Development and Training and shall retain all powers and duties 201
granted by law to the Division of Job Development and Training and 202
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wherever the term "Division of Job Development and Training" shall 203
appear in any law it shall mean the Mississippi Department 204
of * * * Labor. * * * 205
SECTION 12. Section 7-1-355, Mississippi Code of 1972, is 206
amended as follows: 207
7-1-355. (1) The * * * Office of Job Development and 208
Training of the Mississippi Department of Labor is designated as 209
the sole administrator of all programs for which the state is the 210
prime sponsor under Title 1(B) of Public Law 105-220, Workforce 211
Investment Act of 1998, and the regulations promulgated * * * 212
under that act, and may take all necessary action to secure to 213
this state the benefits of that legislation. The * * * Office of 214
Job Development and Training of the Mississippi Department of 215
Labor may receive and disburse funds for those programs that 216
become available to it from any source. 217
(2) The * * * Office of Job Development and Training of the 218
Mississippi Department of Labor shall establish guidelines on the 219
amount and/or percentage of indirect and/or administrative 220
expenses by the local fiscal agent or the Workforce Development 221
Center operator. The * * * Office of Job Development and Training 222
of the Mississippi Department of Labor shall develop an 223
accountability system and make an annual report to the Legislature 224
before December 31 of each year on Workforce Investment Act 225
activities. The report shall include, but is not limited to, the 226
following: 227
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(a) The total number of individuals served through the 228
Workforce Development Centers and the percentage and number of 229
individuals for which a quarterly follow-up is provided; 230
(b) The number of individuals who receive core services 231
by each center; 232
(c) The number of individuals who receive intensive 233
services by each center; 234
(d) The number of Workforce Investment Act vouchers 235
issued by the Workforce Development Centers including: 236
(i) A list of schools and colleges to which these 237
vouchers were issued and the average cost per school of the 238
vouchers; and 239
(ii) A list of the types of programs for which 240
these vouchers were issued; 241
(e) The number of individuals placed in a job through 242
Workforce Development Centers; and 243
(f) The monies and the amount retained for 244
administrative and other costs received from Workforce Investment 245
Act funds for each agency or organization that Workforce 246
Investment Act funds flow through as a percentage and actual 247
dollar amount of all Workforce Investment Act funds received. 248
SECTION 13. Section 7-1-357, Mississippi Code of 1972, is 249
amended as follows: 250
7-1-357. The * * * Office of Job Development and 251
Training * * * of the Mississippi Department of Labor is * * * 252
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authorized to cooperate with or enter into agreements with any 253
agency, official, educational institution or political subdivision 254
of this state, any agency or official of the government of the 255
United States of America, or any private person, firm, partnership 256
or corporation in order to carry out the provisions of Sections 257
7-1-351 through 7-1-371. 258
SECTION 14. Section 7-1-361, Mississippi Code of 1972, is 259
amended as follows: 260
7-1-361. The * * * Office of Job Development and 261
Training * * * of the Mississippi Department of Labor is 262
authorized to promulgate such rules and regulations as may be 263
necessary to carry out the provisions of Sections 7-1-351 through 264
7-1-371. 265
SECTION 15. Section 7-1-363, Mississippi Code of 1972, is 266
amended as follows: 267
7-1-363. To the maximum extent practicable, the Department 268
of * * * Labor shall contract with the * * * Office of Career and 269
Technical Education and Workforce Development of the * * * 270
Mississippi Department of Education to provide all programs 271
embracing an institutional training component. * * * Those 272
programs shall be contracted to the * * * Office of Career and 273
Technical Education and Workforce Development of the Mississippi 274
Department of Education, except those programs funded by the 275
Governor's special grant, shall be coordinated with and 276
complementary to the existing state public educational systems and 277
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shall not be duplicative or competitive in nature to * * * those 278
systems. 279
SECTION 16. Section 7-1-365, Mississippi Code of 1972, is 280
amended as follows: 281
7-1-365. The * * * Mississippi Department of Education, 282
* * * Office of Career and Technical Education and Workforce 283
Development, the board of trustees of any junior college district, 284
the board of trustees of any school district, the 285
Mississippi * * * Department of Labor, and the * * * Office of Job 286
Development and Training, * * * Mississippi Department of Labor, 287
shall cooperate in carrying out the provisions of Sections 7-1-351 288
through 7-1-371. 289
SECTION 17. Section 25-3-31, Mississippi Code of 1972, is 290
amended as follows: 291
25-3-31. (1) The annual salaries of the following elected 292
state and district officers are fixed as follows: 293
Governor.............................................. $ 160,000.00 294
Attorney General....................................... 150,000.00 295
Secretary of State..................................... 120,000.00 296
Commissioner of Insurance.............................. 150,000.00 297
State Treasurer........................................ 120,000.00 298
State Auditor of Public Accounts....................... 150,000.00 299
Commissioner of Agriculture and Commerce............... 120,000.00 300
Commissioner of Labor................................... 120,000.00 301
Transportation Commissioners........................... 95,000.00 302
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Public Service Commissioners........................... 95,000.00 303
(2) [Repealed] 304
SECTION 18. Section 23-15-193, Mississippi Code of 1972, is 305
amended as follows: 306
23-15-193. (1) (a) At the election in 2023, * * * there 307
shall be elected a Governor, Lieutenant Governor, Secretary of 308
State, Auditor of Public Accounts, State Treasurer, Attorney 309
General, three (3) public service commissioners, three (3) 310
Mississippi Transportation Commissioners, Commissioner of 311
Insurance, Commissioner of Agriculture and Commerce, Senators and 312
members of the House of Representatives in the Legislature, 313
district attorneys for the several districts, clerks of the 314
circuit and chancery courts of the several counties, as well as 315
sheriffs, coroners, assessors, surveyors and members of the boards 316
of supervisors, justice court judges and constables, and all other 317
officers to be elected by the people at the general state 318
election. All such officers shall hold their offices for a term 319
of four (4) years, and until their successors are elected and 320
qualified. The state officers shall be elected in the manner 321
prescribed in Section 140 of the Constitution. 322
(b) At the election in 2027, and every four (4) years 323
thereafter, there shall be elected a Governor, Lieutenant 324
Governor, Secretary of State, Auditor of Public Accounts, State 325
Treasurer, Attorney General, three (3) public service 326
commissioners, three (3) Mississippi Transportation Commissioners, 327
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Commissioner of Insurance, Commissioner of Agriculture and 328
Commerce, Commissioner of Labor, Senators and members of the House 329
of Representatives in the Legislature, district attorneys for the 330
several districts, clerks of the circuit and chancery courts of 331
the several counties, as well as sheriffs, coroners, assessors, 332
surveyors and members of the boards of supervisors, justice court 333
judges and constables, and all other officers to be elected by the 334
people at the general state election. All such officers shall 335
hold their offices for a term of four (4) years, and until their 336
successors are elected and qualified. The state officers shall be 337
elected in the manner prescribed in Section 140 of the 338
Constitution. 339
(2) The candidate that receives a majority of votes cast for 340
the office at the general election shall be elected. If no 341
candidate receives a majority number of votes cast at the 342
election, then the two (2) candidates who receive the highest 343
number of votes cast shall have their names placed on the ballot 344
for the runoff election to be held four (4) weeks later. The 345
candidate who receives a majority of the votes cast in the runoff 346
election shall be elected. However, if no candidate receives a 347
majority vote cast at the election, and there is a tie in the 348
election of those receiving the next highest vote, then those 349
candidates receiving the next highest vote and the candidate 350
receiving the highest number of votes cast shall have their names 351
placed on the ballot for the runoff election to be held four (4) 352
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weeks later, and whoever receives the majority of votes cast in 353
the runoff election shall be elected. If it appears that two (2) 354
or more candidates for office have an equal number of votes after 355
the runoff election, the interested candidates shall appear before 356
the Chief Justice of the Mississippi Supreme Court within two (2) 357
days after the canvass and the tie shall be determined by a toss 358
of a coin or by lot fairly and publicly drawn, and a certificate 359
of election shall be given accordingly. 360
(3) The provisions of Section 23-15-981 shall control the 361
runoff elections of justice court judges. 362
SECTION 19. Section 23-15-297, Mississippi Code of 1972, is 363
amended as follows: 364
23-15-297. (1) All candidates, upon entering the race for 365
party nominations for office, shall first pay to the proper 366
officer as provided for in Section 23-15-299 for each primary 367
election the following amounts: 368
(a) Candidates for Governor, the amount determined by 369
the state executive committee of the party pursuant to subsection 370
(2) of this section but no less than One Thousand Dollars 371
($1,000.00) and no more than Five Thousand Dollars ($5,000.00). 372
(b) Candidates for Lieutenant Governor, Attorney 373
General, Secretary of State, State Treasurer, Auditor of Public 374
Accounts, Commissioner of Insurance, Commissioner of Agriculture 375
and Commerce, Commissioner of Labor, State Highway Commissioner 376
and State Public Service Commissioner, the amount determined by 377
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the state executive committee of the party pursuant to subsection 378
(2) of this section but no less than Five Hundred Dollars 379
($500.00) and no more than Two Thousand Five Hundred Dollars 380
($2,500.00). 381
(c) Candidates for State Senator and State 382
Representative, Two Hundred Fifty Dollars ($250.00). 383
(d) Candidates for district attorney, Two Hundred Fifty 384
Dollars ($250.00). 385
(e) Candidates for sheriff, chancery clerk, circuit 386
clerk, tax assessor, tax collector, county attorney, county 387
superintendent of education and board of supervisors, One Hundred 388
Dollars ($100.00). 389
(f) Candidates for county surveyor, county coroner and 390
constable, One Hundred Dollars ($100.00). 391
(g) Candidates for United States Senator, the amount 392
determined by the state executive committee of the party pursuant 393
to subsection (2) of this section but no less than One Thousand 394
Dollars ($1,000.00) and no more than Five Thousand Dollars 395
($5,000.00). 396
(h) Candidates for United States Representative, the 397
amount determined by the state executive committee of the party 398
pursuant to subsection (2) of this section but no less than Five 399
Hundred Dollars ($500.00) and no more than Two Thousand Five 400
Hundred Dollars ($2,500.00). 401
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(2) (a) The state executive committee of a political party 402
shall set the entry fee that a candidate is to pay upon entering 403
the race for party nominations for the offices listed in 404
paragraphs (a), (b), (g) and (h) of subsection (1) of this section 405
and Section 23-15-1093(2)(a). The authority granted under this 406
subsection shall not be exercised by any state executive committee 407
of a political party for any individual office more than once 408
every two (2) years, beginning July 1, 2022. 409
(b) Each state executive committee of a political party 410
shall report the entry fee determined for each office to the 411
Secretary of State by October 1 of the year before the election is 412
held for that office. If a state executive committee does not 413
meet the deadline in this paragraph for any office, the minimum 414
entry fee shall be assessed for the office in that party's primary 415
election during that election cycle. 416
(3) All independent candidates and special election 417
candidates entering the race for office shall pay to the proper 418
officer as provided for in Section 23-15-299 the following 419
amounts: 420
(a) Candidates for Governor, One Thousand Dollars 421
($1,000.00). 422
(b) Candidates for Lieutenant Governor, Attorney 423
General, Secretary of State, State Treasurer, Auditor of Public 424
Accounts, Commissioner of Insurance, Commissioner of Agriculture 425
and Commerce, Commissioner of Labor, State Highway Commissioner 426
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ST: Mississippi Department of Labor; create.
and State Public Service Commissioner, Five Hundred Dollars 427
($500.00). 428
(c) Candidates for district attorney, State Senator and 429
State Representative, Two Hundred Fifty Dollars ($250.00). 430
(d) Candidates for sheriff, chancery clerk, circuit 431
clerk, tax assessor, tax collector, county attorney, county 432
superintendent of education and board of supervisors, One Hundred 433
Dollars ($100.00). 434
(e) Candidates for county surveyor, county coroner and 435
constable, One Hundred Dollars ($100.00). 436
(f) Candidates for United States Senator, One Thousand 437
Dollars ($1,000.00). 438
(g) Candidates for United States Representative, Five 439
Hundred Dollars ($500.00). 440
(4) The Secretary of State shall publish the fees listed in 441
this section and Section 23-15-1093 no later than forty-five (45) 442
days before the qualifying period begins for each office. 443
SECTION 20. This act shall take effect and be in force from 444
and after July 1, 2026. 445