Mississippi Department of Labor; create.

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To: Labor; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2276

AN ACT TO ESTABLISH 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 THERETO; TO AMEND SECTION 18
25-3-31, MISSISSIPPI CODE OF 1972, TO SET THE ANNUAL SALARY OF THE 19
COMMISSIONER OF LABOR; TO AMEND SECTIONS 23-15-193 AND 23-15-297, 20
MISSISSIPPI CODE OF 1972, TO ADD THE COMMISSIONER OF LABOR TO THE 21
LIST OF ELECTED OFFICIALS; AND FOR RELATED PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. The following terms shall have the meanings 24
ascribed in this section, unless the context otherwise requires: 25
(a) "Commissioner" means the Commissioner of Labor. 26
(b) "Department" means the Mississippi Department of 27
Labor. 28
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(c) "Director" means the administrative head of an 29
office. 30
(d) "Office" means an administrative subdivision of the 31
department. 32
SECTION 2. (1) There is created the Mississippi Department 33
of Labor for the following purposes: 34
(a) To coordinate employer-employee services and 35
relations; 36
(b) To establish and oversee an effective and efficient 37
workforce development system in Mississippi to enable residents to 38
acquire skills necessary to maximize their economic 39
self-sufficiency; and 40
(c) To provide Mississippi employers with the work 41
force they need to effectively compete in the changing world 42
economy. 43
(2) The department shall be composed of the following 44
offices: 45
(a) The Office of Employment Security; 46
(b) The Office of Job Development and Training; 47
(c) The Office of Industry Service and Industry 48
Start-up Training; 49
(d) The Office of Employee Relations and Job 50
Discrimination; and 51
(e) The Office of Disabled Employee Assistance. 52
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SECTION 3. The Mississippi Department of Labor shall provide 53
the labor-management services authorized by law and by the rules, 54
regulations and policies of the department to every individual 55
determined to be eligible, and in carrying out the purposes of 56
this act, the department is authorized to: 57
(a) Expend funds received either by appropriation or 58
directly from federal or private sources; 59
(b) Cooperate with other departments, agencies and 60
institutions, both public and private, in providing the services 61
authorized by this act to individuals, in studying the problems 62
involved therein, and in establishing, developing and providing in 63
conformity with the purposes of this act any programs, facilities 64
and services as may be necessary or desirable; 65
(c) Enter into reciprocal agreements with other states 66
to provide for the services authorized by this act to residents of 67
the states concerned; 68
(d) Conduct research and compile statistics relating to 69
the provision of services to or the need of services by 70
individuals; 71
(e) Enter into contractual arrangements with the 72
federal government and with other authorized public agencies or 73
persons for performance of services related to labor management; 74
and 75
(f) Take any action as may be necessary to enable the 76
department to apply for, accept and receive for the state and its 77
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residents the full benefits available under any federal 78
legislation or program having as its purpose the providing of, 79
improvement of or extension of labor-management services. 80
SECTION 4. (1) The Chief Officer of the Mississippi 81
Department of Labor shall be the Commissioner of Labor, who shall 82
be elected at the general election in 2027 and every four (4) 83
years thereafter in the same manner as the public officers 84
provided in Section 23-15-193, and Section 140, Mississippi 85
Constitution of 1890. However, the Governor shall appoint a 86
qualified person to serve as the Commissioner of Labor from July 87
1, 2026, until the General Election in 2027. From and after the 88
General Election in 2027, the Commissioner of Labor's term of 89
office shall be for four (4) years. The commissioner shall 90
receive a compensation to be fixed by law. The commissioner shall 91
be responsible for the proper administration of the programs of 92
labor-management relations provided under this act and shall be 93
responsible for appointing directors of offices and any necessary 94
supervisors, assistants and employees. The salary and 95
compensation of those employees shall be subject to the rules and 96
regulations adopted and promulgated by the State Personnel Board. 97
(2) In carrying out the duties under this act, the 98
Commissioner of Labor shall: 99
(a) Promulgate regulations governing personnel 100
standards, the protection of records and confidential information, 101
the manner and form of filing applications, eligibility and 102
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investigation and determination therefor, for labor-management 103
services, procedures for fair hearings and any other regulations 104
as he or she finds necessary to carry out the purposes of this act 105
and in conformity with federal law; 106
(b) Establish appropriate subordinate administrative 107
units within the department; 108
(c) Prepare and submit to the Legislature annual 109
reports of activities and expenditures and, before each regular 110
session of the Legislature, coordinate budget requests required 111
for carrying out this act and estimates of the amounts to be made 112
available for this purpose from all sources; 113
(d) Be empowered to exercise executive and 114
administrative supervision over all institutions, offices, 115
programs and services now existing or hereafter acquired or 116
created under the jurisdiction of the department; 117
(e) Make certification for disbursement, in accordance 118
with regulations, of funds available for implementing the purposes 119
of this act; 120
(f) Take such other action as he or she deems necessary 121
or appropriate to effectuate the purposes of this act; and 122
(g) Delegate to any officer or employee of the 123
department such of his or her powers and duties as he or she finds 124
necessary to effectuate the purposes of this act. 125
Any reference in this chapter or in any other provision of 126
law to the "Executive Director of the Mississippi Department of 127
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Employment Security" means the Commissioner of Labor created in 128
this act. 129
SECTION 5. Section 71-5-101, Mississippi Code of 1972, is 130
amended as follows: 131
71-5-101. * * * On July 1, 2026, the Mississippi Department 132
of Employment Security is abolished, and the duties and powers of 133
the Mississippi Department of Employment Security and all 134
equipment, supplies, records and any funds appropriated by the 135
Legislature to the Mississippi Department of Employment Security 136
shall be transferred to the Office of Employment Security in the 137
Mississippi Department of Labor created herein. Any reference in 138
this chapter or in any other provision of law to "Mississippi 139
Department of Employment Security" or "Mississippi Employment 140
Security Commission" means the Office of Employment Security 141
within the Mississippi Department of Labor created in this act. 142
SECTION 6. Section 71-5-107, Mississippi Code of 1972, which 143
provides for the appointment of the Executive Director of the 144
Mississippi Department of Employment Security, is repealed. 145
SECTION 7. The Office of Job Development and Training of the 146
Mississippi Department of Labor shall administer and coordinate as 147
necessary the following federal and state-funded employment, 148
training and employment-related education programs: (a) training 149
and employment-related education programs sponsored by the federal 150
Job Training Partnership Act; (b) employment programs under the 151
Wagner-Peyser Act; (c) employment, training and education programs 152
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for welfare recipients funded by the federal JOBS and Basic Skills 153
Training Program within the Family Support Act; and (d) the 154
Comprehensive Employment and Training Act of 1973. 155
SECTION 8. The Office of Industry Service and Industry 156
Start-up Training in the Mississippi Department of Labor shall 157
contract with the Mississippi Community College Board and the 158
Office of Career and Technical Education and Workforce Development 159
to provide (a) all programs embracing an existing industry or a 160
new industrial training component, and (b) all employment-related 161
community/junior college or employment-related secondary education 162
programs. 163
SECTION 9. The Office of Employee Relations and Job 164
Discrimination in the Mississippi Department of Labor shall do all 165
in its power to promote the voluntary arbitration, mediation and 166
conciliation of disputes between employers and employees and to 167
avoid strikes, picketing, lockouts, boycotts, black lists, 168
discriminations and legal proceedings in matters of employment. 169
In pursuance of this duty, the office may appoint temporary boards 170
of arbitration, provide necessary expenses of those boards, order 171
reasonable compensation for each member engaged in that 172
arbitration, prescribe rules for those arbitration boards, conduct 173
investigations and hearings, publish reports and advertisements, 174
and may do all things convenient and necessary to accomplish those 175
purposes. The office may designate a mediator and may detail 176
employees or persons not in the office from time to time for the 177
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purpose of executing these provisions. Nothing in this section 178
shall be construed to in any way prohibit or limit employees' 179
right to bargain collectively. 180
SECTION 10. The Office of Disabled Employee Assistance of 181
the Mississippi Department of Labor shall function as an 182
information clearinghouse and referral service for employees and 183
employers regarding any aspect of the federal Americans With 184
Disabilities Act, which prohibits discrimination in all terms and 185
conditions of employment regarding private and public employers. 186
SECTION 11. Section 7-1-351, Mississippi Code of 1972, is 187
amended as follows: 188
7-1-351. The * * * Office of Job Development and Training of 189
the Mississippi Department of Labor shall be the Division of Job 190
Development and Training and shall retain all powers and duties 191
granted by law to the Division of Job Development and Training and 192
wherever the term "Division of Job Development and Training" shall 193
appear in any law it shall mean the Mississippi Department 194
of * * * Labor. * * * 195
SECTION 12. Section 7-1-355, Mississippi Code of 1972, is 196
amended as follows: 197
7-1-355. (1) The * * * Office of Job Development and 198
Training of the Mississippi Department of Labor is designated as 199
the sole administrator of all programs for which the state is the 200
prime sponsor under Title 1(B) of Public Law 105-220, Workforce 201
Investment Act of 1998, and the regulations promulgated * * * 202
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under this act, and may take all necessary action to secure to 203
this state the benefits of that legislation. The * * * Office of 204
Job Development and Training of the Mississippi Department of 205
Labor may receive and disburse funds for those programs that 206
become available to it from any source. 207
(2) The * * * Office of Job Development and Training of the 208
Mississippi Department of Labor shall establish guidelines on the 209
amount and/or percentage of indirect and/or administrative 210
expenses by the local fiscal agent or the Workforce Development 211
Center operator. The * * * Office of Job Development and Training 212
of the Mississippi Department of Labor shall develop an 213
accountability system and make an annual report to the Legislature 214
before December 31 of each year on Workforce Investment Act 215
activities. The report shall include, but is not limited to, the 216
following: 217
(a) The total number of individuals served through the 218
Workforce Development Centers and the percentage and number of 219
individuals for which a quarterly follow-up is provided; 220
(b) The number of individuals who receive core services 221
by each center; 222
(c) The number of individuals who receive intensive 223
services by each center; 224
(d) The number of Workforce Investment Act vouchers 225
issued by the Workforce Development Centers including: 226
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(i) A list of schools and colleges to which these 227
vouchers were issued and the average cost per school of the 228
vouchers; and 229
(ii) A list of the types of programs for which 230
these vouchers were issued; 231
(e) The number of individuals placed in a job through 232
Workforce Development Centers; 233
(f) The monies and the amount retained for 234
administrative and other costs received from Workforce Investment 235
Act funds for each agency or organization that Workforce 236
Investment Act funds flow through as a percentage and actual 237
dollar amount of all Workforce Investment Act funds received. 238
SECTION 13. Section 7-1-357, Mississippi Code of 1972, is 239
amended as follows: 240
7-1-357. The * * * Office of Job Development and 241
Training * * * of the Mississippi Department of Labor is hereby 242
authorized to cooperate with or enter into agreements with any 243
agency, official, educational institution or political subdivision 244
of this state, any agency or official of the government of the 245
United States of America, or any private person, firm, partnership 246
or corporation in order to carry out the provisions of Sections 247
7-1-351 through 7-1-371. 248
SECTION 14. Section 7-1-361, Mississippi Code of 1972, is 249
amended as follows: 250
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7-1-361. The * * * Office of Job Development and 251
Training * * * of the Mississippi Department of Labor is 252
authorized to promulgate such rules and regulations as may be 253
necessary to carry out the provisions of Sections 7-1-351 through 254
7-1-371. 255
SECTION 15. Section 7-1-363, Mississippi Code of 1972, is 256
amended as follows: 257
7-1-363. To the maximum extent practicable, the Department 258
of * * * Labor shall contract with the * * * Office of Career and 259
Technical Education and Workforce Development of the * * * 260
Mississippi Department of Education to provide all programs 261
embracing an institutional training component. * * * Those 262
programs shall be contracted to the * * * Office of Career and 263
Technical Education and Workforce Development of the Mississippi 264
Department of Education, except those programs funded by the 265
Governor's special grant, shall be coordinated with and 266
complementary to the existing state public educational systems and 267
shall not be duplicative or competitive in nature to * * * those 268
systems. 269
SECTION 16. Section 7-1-365, Mississippi Code of 1972, is 270
amended as follows: 271
7-1-365. The * * * Mississippi Department of 272
Education, * * * Office of Career and Technical Education and 273
Workforce Development, the board of trustees of any junior college 274
district, the board of trustees of any school district, the 275
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Mississippi * * * Department of Labor, and the * * * Office of Job 276
Development and Training * * * of the Mississippi Department of 277
Labor shall cooperate in carrying out the provisions of Sections 278
7-1-351 through 7-1-371. 279
SECTION 17. Section 25-3-31, Mississippi Code of 1972, is 280
amended as follows: 281
[Through January 1, 2027, this section shall read as 282
follows:] 283
25-3-31. (1) The annual salaries of the following elected 284
state and district officers are fixed as follows: 285
Governor.............................................. $ 160,000.00 286
Attorney General....................................... 150,000.00 287
Secretary of State..................................... 120,000.00 288
Commissioner of Insurance.............................. 150,000.00 289
State Treasurer........................................ 120,000.00 290
State Auditor of Public Accounts....................... 150,000.00 291
Commissioner of Agriculture and Commerce............... 120,000.00 292
Transportation Commissioners........................... 95,000.00 293
Public Service Commissioners........................... 95,000.00 294
(2) [Repealed] 295
[From and after January 1, 2027, this section shall read as 296
follows:] 297
25-3-31. * * * The annual salaries of the following elected 298
state and district officers are fixed as follows: 299
Governor.............................................. $ 160,000.00 300
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Attorney General....................................... 150,000.00 301
Secretary of State..................................... 120,000.00 302
Commissioner of Insurance.............................. 150,000.00 303
State Treasurer........................................ 120,000.00 304
State Auditor of Public Accounts....................... 150,000.00 305
Commissioner of Agriculture and Commerce............... 120,000.00 306
Commissioner of Labor.................................... 90,000.00 307
Transportation Commissioners........................... 95,000.00 308
Public Service Commissioners........................... 95,000.00 309
* * * 310
SECTION 18. Section 23-15-193, Mississippi Code of 1972, is 311
amended as follows: 312
23-15-193. (1) At the election in * * * 2027, and every 313
four (4) years thereafter, there shall be elected a Governor, 314
Lieutenant Governor, Secretary of State, Auditor of Public 315
Accounts, State Treasurer, Attorney General, three (3) public 316
service commissioners, three (3) Mississippi Transportation 317
Commissioners, Commissioner of Insurance, Commissioner of 318
Agriculture and Commerce, Commissioner of Labor, Senators and 319
members of the House of Representatives in the Legislature, 320
district attorneys for the several districts, clerks of the 321
circuit and chancery courts of the several counties, as well as 322
sheriffs, coroners, assessors, surveyors and members of the boards 323
of supervisors, justice court judges and constables, and all other 324
officers to be elected by the people at the general state 325
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election. All such officers shall hold their offices for a term 326
of four (4) years, and until their successors are elected and 327
qualified. The state officers shall be elected in the manner 328
prescribed in Section 140 of the Constitution. 329
(2) The candidate that receives a majority of votes cast for 330
the office at the general election shall be elected. If no 331
candidate receives a majority number of votes cast at the 332
election, then the two (2) candidates who receive the highest 333
number of votes cast shall have their names placed on the ballot 334
for the runoff election to be held four (4) weeks later. The 335
candidate who receives a majority of the votes cast in the runoff 336
election shall be elected. However, if no candidate receives a 337
majority vote cast at the election, and there is a tie in the 338
election of those receiving the next highest vote, then those 339
candidates receiving the next highest vote and the candidate 340
receiving the highest number of votes cast shall have their names 341
placed on the ballot for the runoff election to be held four (4) 342
weeks later, and whoever receives the majority of votes cast in 343
the runoff election shall be elected. If it appears that two (2) 344
or more candidates for office have an equal number of votes after 345
the runoff election, the interested candidates shall appear before 346
the Chief Justice of the Mississippi Supreme Court within two (2) 347
days after the canvass, and the tie shall be determined by a toss 348
of a coin or by lot fairly and publicly drawn, and a certificate 349
of election shall be given accordingly. 350
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(3) The provisions of Section 23-15-981 shall control the 351
runoff elections of justice court judges. 352
SECTION 19. Section 23-15-297, Mississippi Code of 1972, is 353
amended as follows: 354
23-15-297. (1) All candidates, upon entering the race for 355
party nominations for office, shall first pay to the proper 356
officer as provided for in Section 23-15-299 for each primary 357
election the following amounts: 358
(a) Candidates for Governor, the amount determined by 359
the state executive committee of the party pursuant to subsection 360
(2) of this section but no less than One Thousand Dollars 361
($1,000.00) and no more than Five Thousand Dollars ($5,000.00). 362
(b) Candidates for Lieutenant Governor, Attorney 363
General, Secretary of State, State Treasurer, Auditor of Public 364
Accounts, Commissioner of Insurance, Commissioner of Agriculture 365
and Commerce, Commissioner of Labor, State Highway Commissioner 366
and State Public Service Commissioner, the amount determined by 367
the state executive committee of the party pursuant to subsection 368
(2) of this section but no less than Five Hundred Dollars 369
($500.00) and no more than Two Thousand Five Hundred Dollars 370
($2,500.00). 371
(c) Candidates for State Senator and State 372
Representative, Two Hundred Fifty Dollars ($250.00). 373
(d) Candidates for district attorney, Two Hundred Fifty 374
Dollars ($250.00). 375
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(e) Candidates for sheriff, chancery clerk, circuit 376
clerk, tax assessor, tax collector, county attorney, county 377
superintendent of education and board of supervisors, One Hundred 378
Dollars ($100.00). 379
(f) Candidates for county surveyor, county coroner and 380
constable, One Hundred Dollars ($100.00). 381
(g) Candidates for United States Senator, the amount 382
determined by the state executive committee of the party pursuant 383
to subsection (2) of this section but no less than One Thousand 384
Dollars ($1,000.00) and no more than Five Thousand Dollars 385
($5,000.00). 386
(h) Candidates for United States Representative, the 387
amount determined by the state executive committee of the party 388
pursuant to subsection (2) of this section but no less than Five 389
Hundred Dollars ($500.00) and no more than Two Thousand Five 390
Hundred Dollars ($2,500.00). 391
(2) (a) The state executive committee of a political party 392
shall set the entry fee that a candidate is to pay upon entering 393
the race for party nominations for the offices listed in 394
paragraphs (a), (b), (g) and (h) of subsection (1) of this section 395
and Section 23-15-1093(2)(a). The authority granted under this 396
subsection shall not be exercised by any state executive committee 397
of a political party for any individual office more than once 398
every two (2) years, beginning July 1, 2022. 399
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(b) Each state executive committee of a political party 400
shall report the entry fee determined for each office to the 401
Secretary of State by October 1 of the year before the election is 402
held for that office. If a state executive committee does not 403
meet the deadline in this paragraph for any office, the minimum 404
entry fee shall be assessed for the office in that party's primary 405
election during that election cycle. 406
(3) All independent candidates and special election 407
candidates entering the race for office shall pay to the proper 408
officer as provided for in Section 23-15-299 the following 409
amounts: 410
(a) Candidates for Governor, One Thousand Dollars 411
($1,000.00). 412
(b) Candidates for Lieutenant Governor, Attorney 413
General, Secretary of State, State Treasurer, Auditor of Public 414
Accounts, Commissioner of Insurance, Commissioner of Agriculture 415
and Commerce, State Highway Commissioner and State Public Service 416
Commissioner, Five Hundred Dollars ($500.00). 417
(c) Candidates for district attorney, State Senator and 418
State Representative, Two Hundred Fifty Dollars ($250.00). 419
(d) Candidates for sheriff, chancery clerk, circuit 420
clerk, tax assessor, tax collector, county attorney, county 421
superintendent of education and board of supervisors, One Hundred 422
Dollars ($100.00). 423
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ST: Mississippi Department of Labor; create.
(e) Candidates for county surveyor, county coroner and 424
constable, One Hundred Dollars ($100.00). 425
(f) Candidates for United States Senator, One Thousand 426
Dollars ($1,000.00). 427
(g) Candidates for United States Representative, Five 428
Hundred Dollars ($500.00). 429
(4) The Secretary of State shall publish the fees listed in 430
this section and Section 23-15-1093 no later than forty-five (45) 431
days before the qualifying period begins for each office. 432
SECTION 20. This act shall take effect and be in force from 433
and after July 1, 2026. 434