MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Constitution

By: Senator(s) Bryan

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 146, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE LEGISLATURE MAY PROVIDE FOR DIRECT APPEAL FROM A STATE ADMINISTRATIVE AGENCY TO THE MISSISSIPPI SUPREME COURT. 

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution is proposed to the qualified electors of the state:

Section 146, Mississippi Constitution of 1890, is amended as follows:

Section 146. The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals and shall exercise no jurisdiction on matters other than those specifically provided by this Constitution or by general law. The Legislature may by general law provide for the Supreme Court to have original and appellate jurisdiction as to any appeal directly from an administrative agency charged by law with the responsibility for approval or disapproval of rates sought to be charged the public by any public utility. The Supreme Court shall consider cases and proceedings for modification of public utility rates in an expeditious manner regardless of their position on the court docket. The Legislature may provide by general law for the direct appeal from any state administrative agency to the Supreme Court.

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted to the qualified electors at an election to be held on the first Tuesday after the first Monday in November 1998, in the manner provided by Section 273 of the Constitution and by law.

BE IT FURTHER RESOLVED, That the explanation of the amendment for the ballot shall read as follows: "This proposed amendment allows the Legislature to provide for direct appeals from state administrative agencies to the Mississippi Supreme Court."