AN ACT TO AMEND SECTION 11-46-20, MISSISSIPPI CODE OF 1972, TO REQUIRE THE TORT CLAIMS BOARD TO CREATE A PUBLICLY ACCESSIBLE ONLINE REGISTRY OF ALL GOVERNMENTAL ENTITIES AND THEIR CHIEF EXECUTIVE OFFICERS BY A CERTAIN DATE; TO AMEND SECTION 11-46-11, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE TOLLING PROVISIONS OF SECTION 11-46-20; TO BRING FORWARD SECTION 11-46-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES POWERS FOR THE TORT CLAIMS BOARD, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
Summary
SB 2360 requires the Mississippi Tort Claims Board to create and maintain a publicly accessible online registry listing every governmental entity required to have a certificate of coverage under the Mississippi Tort Claims Act, along with the name, email address, and mailing address of each entity’s chief executive officer. The registry must be in place by July 1, 2026. The bill also places an affirmative duty on each covered governmental entity to provide current contact information to the board.
The bill ties the registry to the notice-of-claim and statute-of-limitations rules in the Tort Claims Act. If the registry information is incorrect when a claimant serves notice of claim, the one-year limitations period is tolled until the correct information is posted, and a court may not dismiss an otherwise properly filed complaint solely because the claimant used incorrect registry information. SB 2360 also amends Section 11-46-11 to conform its limitations language to this new tolling rule and brings forward the Tort Claims Board’s existing powers in Section 11-46-19 without substantive change.
Impact
The bill amends Mississippi Code Sections 11-46-20 and 11-46-11, which govern claims against governmental entities under the Mississippi Tort Claims Act. Its main legal effect is to create a new public registry requirement and a tolling exception that can extend the time for filing suit when the board’s contact information is inaccurate. It also imposes a reporting obligation on governmental entities to keep their chief executive officer contact information current with the board. The practical impact falls on the Tort Claims Board, state and local governmental entities covered by the Act, and claimants who must serve notice before suing.
Sentiment
The voting history shows strong bipartisan support and no recorded opposition: the Senate passed the bill 52-0, the House passed it 117-0, and the Senate concurred in the House amendment 47-0. That pattern suggests broad agreement that the registry would improve access to information and reduce procedural traps for claimants. No committee transcript was provided, so there is no recorded floor or committee debate to indicate significant controversy.
Contention
The main policy issue embedded in the bill is the balance between claimant access and governmental notice requirements. Supporters appear to favor a centralized, public source for identifying the correct governmental entity and chief executive officer, which may reduce dismissals based on misdirected notice and make the tort claims process more transparent. Any potential concern would likely come from governmental entities or administrators who must keep contact information current and from those wary that tolling the limitations period could extend exposure to suit when registry data is inaccurate. However, the unanimous votes indicate those concerns did not generate meaningful opposition in the legislative process.