Bill Text: MS HB893 | 2014 | Regular Session | Introduced
Bill Title: Suits against the state; Supreme Court to have original jurisdiction for claims seeking injunctive relief.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2014-02-04 - Died In Committee [HB893 Detail]
Download: Mississippi-2014-HB893-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Baker
House Bill 893
AN ACT TO AMEND SECTION 9-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SUPREME COURT SHALL HAVE ORIGINAL JURISDICTION OF CLAIMS AGAINST THE STATE SEEKING INJUNCTIVE RELIEF; TO PROVIDE FOR TRIBUNALS APPOINTED BY THE CHIEF JUSTICE TO HEAR SUCH CLAIMS; 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 Supreme Court shall have original jurisdiction for any suit filed against the state or any agency or department thereof seeking injunctive relief against enforcing any act of the Legislature. Whenever a cause of action is filed seeking such injunctive relief, such claim shall be filed in the Supreme Court and the Chief Justice shall appoint a tribunal comprised of three (3) circuit court judges to hear the matter. The tribunal shall hear the matter at the Supreme Court or at any other location determined by the Chief Justice. The tribunal's decision may be appealed to the Supreme Court within ten (10) days of the tribunal's decision. The appeal shall be heard by the Supreme Court on an expedited basis. The Supreme Court shall promulgate any necessary rules to carry out the provisions of this subsection.
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, other than claims seeking injunctive relief under Section 9-3-9(2), 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, 2014.
