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S. B. No. 2138 *SS26/R574* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Wiggins
SENATE BILL NO. 2138
AN ACT TO BRING FORWARD SECTION 9-3-1, MISSISSIPPI CODE OF 1
1972, WHICH PROVIDES FOR THE SUPREME COURT DISTRICTS, FOR POSSIBLE 2
AMENDMENT; TO BRING FORWARD SECTION 23-15-991, MISSISSIPPI CODE OF 3
1972, WHICH PROVIDES FOR THE TERM OF OFFICE OF JUDGES OF THE 4
SUPREME COURT, FOR POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 5
23-15-993, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR ELECTION 6
PROCEDURE FOR THE JUDGESHIPS OF THE SUPREME COURT, FOR POSSIBLE 7
AMENDMENT; TO BRING FORWARD SECTION 41-73-7, MISSISSIPPI CODE OF 8
1972, WHICH CREATES THE MISSISSIPPI HOSPITAL EQUIPMENT AND 9
FACILITIES AUTHORITY, FOR POSSIBLE AMENDMENT; TO BRING FORWARD 10
SECTION 65-1-3, MISSISSIPPI CODE OF 1972, WHICH CREATES THE STATE 11
HIGHWAY COMMISSION, FOR POSSIBLE AMENDMENT; TO BRING FORWARD 12
SECTION 77-1-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE PUBLIC 13
SERVICE COMMISSION, FOR POSSIBLE AMENDMENT; AND FOR RELATED 14
PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 9-3-1, Mississippi Code of 1972, is 17
brought forward as follows: 18
9-3-1. The state shall be divided into three (3) Supreme 19
Court districts, as follows, to wit: 20
The counties of Bolivar, Claiborne, Copiah, Hinds, Holmes, 21
Humphreys, Issaquena, Jefferson, Kemper, Lauderdale, Leake, 22
Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Sharkey, 23
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Sunflower, Warren, Washington and Yazoo shall constitute the First 24
District. 25
The counties of Adams, Amite, Clarke, Covington, Forrest, 26
Franklin, George, Greene, Hancock, Harrison, Jackson, Jasper, 27
Jefferson Davis, Jones, Lamar, Lawrence, Lincoln, Marion, Pearl 28
River, Perry, Pike, Simpson, Smith, Stone, Walthall, Wayne, and 29
Wilkinson shall constitute the Second District. 30
The counties of Alcorn, Attala, Benton, Calhoun, Carroll, 31
Chickasaw, Choctaw, Clay, Coahoma, DeSoto, Grenada, Itawamba, 32
Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, 33
Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Tallahatchie, 34
Tate, Tippah, Tishomingo, Tunica, Union, Webster, Winston and 35
Yalobusha, shall constitute the Third District. 36
SECTION 2. Section 23-15-991, Mississippi Code of 1972, is 37
brought forward as follows: 38
23-15-991. The term of office of judges of the Supreme Court 39
shall be eight (8) years. Concurrently with the regular election 40
for representatives in Congress, held next preceding the 41
expiration of the term of an incumbent, and likewise each eighth 42
year thereafter, an election shall be held in the Supreme Court 43
district from which such incumbent was elected at which there 44
shall be elected a successor to the incumbent, whose term of 45
office shall thereafter begin on the first Monday of January of 46
the year in which the term of the incumbent he succeeds expires. 47
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SECTION 3. Section 23-15-993, Mississippi Code of 1972, is 48
brought forward as follows: 49
23-15-993. For the purpose of all elections, each of the 50
nine (9) judgeships of the Supreme Court shall be considered a 51
separate office. The three (3) offices in each of the three (3) 52
Supreme Court districts shall be designated Position Number 1, 53
Position Number 2 and Position Number 3, and in qualifying for 54
office as a candidate for any office of judge of the Supreme Court 55
each candidate shall state the position number of the office to 56
which he aspires and the regular election ballots shall so 57
indicate. In Supreme Court District Number 1: Position Number 1 58
shall be that office for which the term ends in January 1966; 59
Position Number 2 shall be that office for which the term ends in 60
January 1965; and Position Number 3 shall be that office for which 61
the term ends in January 1969. In District Number 2: Position 62
Number 1 shall be that office for which the term ends in January 63
1972; Position Number 2 shall be that office for which the term 64
ends in January 1969; and Position Number 3 shall be for that 65
office for which the term ends in January 1973. In District 66
Number 3: Position Number 1 shall be that office for which the 67
term ends in January 1969; Position Number 2 shall be that office 68
for which the term ends in January 1969; and Position Number 3 69
shall be that office for which the term ends in January 1965. 70
SECTION 4. Section 41-73-7, Mississippi Code of 1972, is 71
brought forward as follows: 72
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41-73-7. (1) There is hereby created, with such duties and 73
powers as are set forth in this act, a body politic and corporate, 74
not a state agency, but an independent instrumentality exercising 75
essential public functions, to be known as the Mississippi 76
Hospital Equipment and Facilities Authority. 77
(2) The authority shall be governed by seven (7) members who 78
shall be appointed by the Governor with the advice and consent of 79
the Senate. 80
(3) The members shall at all times include the following: 81
(a) One (1) resident of each of the three (3) Supreme 82
Court districts in the state; 83
(b) One (1) certified public accountant experienced in 84
hospital finance; 85
(c) One (1) possessing not less than ten (10) years' 86
experience in hospital management and finance; 87
(d) One (1) banker with experience in commercial 88
lending or one (1) investment banker with experience in municipal 89
finance; 90
(e) One (1) chosen at large. 91
(4) All members shall be residents of the state. 92
SECTION 5. Section 65-1-3, Mississippi Code of 1972, is 93
brought forward as follows: 94
65-1-3. There shall be a State Highway Commission which 95
shall consist of three (3) members, one (1) from each of the three 96
(3) Supreme Court Districts of the state. Only qualified electors 97
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who are citizens of the Supreme Court District in which he or she 98
seeks election for five (5) years immediately preceding the day of 99
the election shall be eligible for such office; however, the 100
five-year citizen requirement shall apply to elections held from 101
and after January 1, 2020. 102
On Tuesday after the first Monday in November of the year 103
1951, and every four (4) years thereafter, State Highway 104
Commissioners shall be elected at the same time and in the same 105
manner as the Governor is chosen; and the laws governing primary 106
elections and the holding of general elections in this state shall 107
apply to and govern the nomination and election of State Highway 108
Commissioners. The State Highway Commissioners so elected shall 109
enter upon the discharge of the duties of their respective offices 110
on the first Monday of January in the year next succeeding the 111
date of their election, and they shall serve for a term of four 112
(4) years and until their successors shall have been duly elected 113
and qualified. 114
If any one or more of the State Highway Commissioners elected 115
under the provisions of this chapter shall die, resign or be 116
removed from office, the Governor shall fill the vacancy by 117
appointment for the unexpired term, provided such unexpired term 118
shall not exceed twelve (12) months. If such unexpired term shall 119
exceed twelve (12) months, the Governor shall, within fifteen (15) 120
days from the date of such vacancy, by proclamation duly made, 121
call an election in the Supreme Court District in which such 122
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vacancy exists, to be held within sixty (60) days from the date of 123
the issuance of such proclamation, at which election a State 124
Highway Commissioner shall be elected to fill such vacancy for the 125
remaining portion of such unexpired term. Such special election 126
shall be held in the manner provided for holding general elections 127
in this state, as far as practicable. 128
Each of said State Highway Commissioners, before entering 129
upon the discharge of the duties of his office, shall take and 130
subscribe the oath of office required of other state officials and 131
shall execute bond in the sum of Fifty Thousand Dollars 132
($50,000.00), with some surety company authorized to do business 133
in this state as surety, conditioned for the faithful performance 134
of the duties of his office and for the faithful and true 135
accounting of all funds or monies or property coming into his 136
hands by virtue of his office, and conditioned further that all 137
such funds, monies and property will be expended and used by him 138
only for purposes authorized by law, said bond to be approved by 139
the Governor or Attorney General and to be filed in the Office of 140
the Secretary of State. The premium on such bonds shall be paid 141
out of the funds of the Mississippi Department of Transportation. 142
From and after July 1, 1992, the State Highway Commission 143
shall be the Mississippi Transportation Commission and the members 144
thereof shall be the Mississippi Transportation Commissioners. 145
SECTION 6. Section 77-1-1, Mississippi Code of 1972, is 146
brought forward as follows: 147
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ST: Supreme Court districts; bring forward
provisions related to.
77-1-1. A public service commission, hereinafter referred to 148
in this chapter as the commission, is hereby created, consisting 149
of three (3) members, one (1) to be elected from each of the three 150
(3) Supreme Court districts by the qualified electors of such 151
district. Elections for such officers shall be held in the 152
general election in November 1959, and every four (4) years 153
thereafter, and the terms of office of the three (3) commissioners 154
elected at the general election in November 1959 shall expire on 155
December 31, 1963. 156
The commissioners shall each receive a yearly salary fixed by 157
the Legislature, payable monthly. 158
The commissioners shall each possess the qualifications 159
prescribed for the Secretary of State. The commissioners shall 160
not operate, own any stock in, or be in the employment of any 161
telephone company, gas or electric utility company, or any other 162
public utility that shall come under their jurisdiction or 163
supervision. 164
SECTION 7. This act shall take effect and be in force from 165
and after July 1, 2026. 166