House Bill 710

AN ACT TO AMEND SECTION 9-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE FOR COMPLAINTS FILED AGAINST THE STATE REGARDING THE CONSTITUTIONALITY OF LEGISLATIVE ENACTMENTS; TO PROVIDE FOR APPEALS; TO AMEND SECTION 11-46-13, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-3-9, Mississippi Code of 1972, is amended as follows:

9-3-9. (1) (a) The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals, and shall hear and determine all manner of pleas, complaints, motions, causes, and controversies, civil and criminal, which are now pending therein, or which may be brought before it, and which shall be cognizable in said court; but a cause shall not be removed into said court until after final judgment in the court below, except as provided by Section 9-4-3, or in cases particularly provided for by law; and the Supreme Court may grant new trials and correct errors of the circuit court in granting or refusing the same.

(b) Provided, however, the Supreme Court shall have such original and appellate jurisdiction as may be otherwise provided by law in cases and proceedings for modification of any rates charged or sought to be charged to the public by any public utility.

(2) The circuit courts of this state shall have exclusive jurisdiction over all complaints filed against the State of Mississippi and/or any office, department, agency, division, bureau, commission, board, institution or other instrumentality thereof and including any employee or servant of the State of Mississippi, including elected or appointed officials and persons acting on behalf of the state in any official capacity, temporarily or permanently, in the service of the state whether with or without compensation, challenging the lawfulness or constitutionality of any state law, order, rule or regulation. Any such complaint may be filed with any circuit clerk of any county. When the circuit clerk receives such a complaint, the clerk shall immediately notify, by registered letter, telephone, or personally, the Chief Justice of the Supreme Court or in his absence, or disability, some other Justice of the Supreme Court, who shall within a reasonable time upon notice of the complaint, designate and notify a judge to hear and determine the matters at issue. The circuit clerk shall also provide a copy of the complaint to the Office of the Governor, the Office of the Attorney General, the Clerk of the Mississippi House of Representatives and the Secretary of the Mississippi Senate.

The Chief Justice of the Supreme Court shall compile a list of judges throughout the state to hear such complaints. The judge that is designated by the Chief Justice of the Supreme Court as provided by this subsection (2), shall fix the location and date of all hearings and trials related thereto, shall provide reasonable notice to all parties and shall cause all parties to the matter to be served in a reasonable manner. In fixing the location of all hearings and trials, the judge may designate any circuit court in the state. When served, each party shall promptly file his answer, and such other pleadings, as applicable.

SECTION 2. Section 11-46-13, Mississippi Code of 1972, is amended as follows:

11-46-13. (1) Jurisdiction for any suit filed under the provisions of this chapter, except as otherwise provided in Section 9-3-9(2) for claims filed against the state, shall be in the court having original or concurrent jurisdiction over a cause of action upon which the claim is based. The judge of the appropriate court shall hear and determine, without a jury, any suit filed under the provisions of this chapter. Appeals may be taken in the manner provided by law.

(2) The venue for any suit filed under the provisions of this chapter against the state or its employees shall be in the county in which the act, omission or event on which the liability phase of the action is based, occurred or took place. The venue for all other suits filed under the provisions of this chapter shall be in the county or judicial district thereof in which the principal offices of the governing body of the political subdivision are located. The venue specified in this subsection shall control in all actions filed against governmental entities, notwithstanding that other defendants which are not governmental entities may be joined in the suit, and notwithstanding the provisions of any other venue statute that otherwise would apply.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.