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MS HB710

Bill

Status

Failed

3/3/2015

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends Mississippi Code Section 9-3-9 to establish that circuit courts have exclusive jurisdiction over complaints filed against the State of Mississippi and its agencies, departments, officials, and employees challenging the lawfulness or constitutionality of state laws, orders, rules, or regulations.

  • Requires the circuit clerk receiving such a complaint to immediately notify the Chief Justice of the Supreme Court by registered letter, telephone, or in person, who shall designate a judge to hear the case.

  • Mandates that the Chief Justice compile a statewide list of judges to hear constitutional challenges and that the designated judge may hold hearings and trials in any circuit court in the state with reasonable notice to all parties.

  • Requires the circuit clerk to provide copies of complaints to the Office of the Governor, Office of the Attorney General, Mississippi House of Representatives, and Mississippi Senate.

  • Amends Section 11-46-13 to exclude claims against the state challenging constitutionality of state laws from the general governmental tort claims procedure, making them subject instead to the new Section 9-3-9(2) process.

  • Takes effect July 1, 2015.

Legislative Description

Suits against the state; Supreme Court to have original jurisdiction for claims seeking injunctive relief.

Last Action

Died In Committee

3/3/2015

Committee Referrals

Judiciary, Division A2/9/2015
Judiciary A1/19/2015

Full Bill Text

No bill text available