MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Utilities; Transportation

By: Representative Ellis

AN ACT TO REPEAL SECTIONS 77-9-1, 77-9-3, 77-9-9, 77-9-11, 77-9-19, 77-9-21, 77-9-23, 77-9-25, 77-9-267, 77-9-387 AND 77-9-433, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE PUBLIC SERVICE COMMISSION'S AUTHORITY OVER RAILROADS AND OTHER CARRIERS; TO AMEND SECTIONS 77-9-17, 77-9-41, 77-9-143, 77-9-163, 77-9-239, 77-9-265, 77-9-323, 77-9-375, 77-9-381, 77-9-383, 77-9-385, 77-9-481, 77-9-487 AND 77-9-525, MISSISSIPPI CODE OF 1972, TO CHANGE THE AUTHORITY, FROM THE PUBLIC SERVICE COMMISSION TO THE TRANSPORTATION COMMISSION, OF CERTAIN LAWS WHICH REGULATE RAILROADS AND OTHER CARRIERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 77-9-1, Mississippi Code of 1972, which provides that the Public Service Commission shall see that the railroad laws are complied with, is hereby repealed.

SECTION 2. Section 77-9-3, Mississippi Code of 1972, which provides that the Public Service Commission shall visit each county to hear complaints and investigate railroad service, is hereby repealed.

SECTION 3. Section 77-9-9, Mississippi Code of 1972, which authorizes the Public Service Commission to have general supervision and regulation of the railroads, is hereby repealed.

SECTION 4. Section 77-9-11, Mississippi Code of 1972, which provides for the regulation and revision of tariffs or charges of the railroads, is hereby repealed.

SECTION 5. Section 77-9-17, Mississippi Code of 1972, is amended as follows:

77-9-17. If any railroad, express, telephone, telegraph or sleeping car company shall fail or refuse to make any annual report or quarterly return for the time prescribed, or to report fully in the manner required, it shall forfeit the sum of Fifty Dollars ($50.00) for each day's delay, to be recovered in an action to be instituted by the Mississippi Transportation Commission. However, no penalty shall accrue, nor shall any suit or action be brought or maintained, in cases where the commission has not heretofore forwarded, and shall not hereafter forward, to the * * * company proper blanks and printed forms prepared and adopted by the commission for making such report or return, and until the company has had sixty (60) days after the receipt of such blanks and printed forms within which to make report and return as provided for therein.

SECTION 6. Section 77-9-19, Mississippi Code of 1972, which requires certain information to be furnished by railroads to the Public Service Commission, is hereby repealed.

SECTION 7. Section 77-9-21, Mississippi Code of 1972, which provides for the manner of service or execution of orders and decisions of the Public Service Commission affecting railroads, is hereby repealed.

SECTION 8. Section 77-9-23, Mississippi Code of 1972, which provides for notice given to railroads by the Public Service Commission of complaints, is hereby repealed.

SECTION 9. Section 77-9-25, Mississippi Code of 1972, which provides for the manner of service or execution of all notices upon railroads, is hereby repealed.

SECTION 10. Section 77-9-41, Mississippi Code of 1972, is amended as follows:

77-9-41. If any railroad or other common carrier subject to the provisions of this chapter shall violate any of its provisions, or shall fail to do and perform any duty imposed by law, or shall fail to comply with any lawful order of the Mississippi Transportation Commission or to conform to any of its reasonable rules and regulations, or shall demand or receive a greater sum for the transportation and handling of any passenger or freight than authorized by law or the commission, it shall be liable to a penalty of Five Hundred Dollars ($500.00) for every such failure or overcharge not otherwise punished, to be recovered by action in the name of the commission in any county where such failure may occur or overcharge be made. Such action shall be instituted by the Attorney General or the district attorney in his district. In trials of cases brought for violation of any tariff of charges as fixed by the commission, it may be shown in defense that such tariff so fixed was unreasonable and unjust to the carrier.

SECTION 11. Section 77-9-143, Mississippi Code of 1972, is amended as follows:

77-9-143. To have, hold, purchase, receive, and enjoy real and personal estate, either in this or other states, or both, whether acquired by way of security or in satisfaction of debts, or by donation, purchase, devise, or otherwise; to sell, rent, lease with the consent of the Mississippi Transportation Commission, mortgage, or otherwise dispose of or encumber such real and personal estate, or any part thereof; and to hold and enjoy real estate necessary for its purposes, in fee simple or otherwise.

SECTION 12. Section 77-9-163, Mississippi Code of 1972, is amended as follows:

77-9-163. Except as otherwise provided in this article, to consolidate with any other railroad company, in or out of this state, with the consent of the Mississippi Transportation Commission, upon such terms as the consolidating companies may agree upon.

SECTION 13. Section 77-9-239, Mississippi Code of 1972, is amended as follows:

77-9-239. The Mississippi Transportation Commission shall recommend to the several railroads the adoption of uniform automatic car-couplers. When any such appliances shall have been required by the Congress of the United States to be used in interstate commerce, the commission is authorized to require railroads in this state to comply with the requirements, as concerns domestic commerce, within a reasonable time.

SECTION 14. Section 77-9-265, Mississippi Code of 1972, is amended as follows:

77-9-265. The Mississippi Transportation Commission may, by order to that effect, prohibit the use for switching purposes or for standing trains, of such portions of the tracks of a railroad company over or upon a public street or highway in any municipality, which in its opinion should not be so used. It may also limit the number of tracks across such streets or highways to be so used, and may require the removal or readjustment of any such tracks which in its opinion should be removed in order to secure the public convenience or safety. For failure to comply with such an order requiring the removal or readjustment of tracks within ninety (90) days after notice thereof, a railroad company shall forfeit and pay to the state for each day's default, to be recovered by the commission by action to be instituted within sixty (60) days after the default, in the name of the state, of which one-half (1/2) shall be paid into the State Treasury and * * * one-half (1/2) to the municipality in which the default occurred.

SECTION 15. Section 77-9-267, Mississippi Code of 1972, which provides that trains need not stop before a crossing where interlocking or another safety device is used, is hereby repealed.

SECTION 16. Section 77-9-323, Mississippi Code of 1972, is amended as follows:

77-9-323. Every railroad in this state transporting cottonseed in carload lots shall weigh each carload of cottonseed so transported by it on demand either of the consignor or consignee unless the same has been weighed by a connecting carrier, and every such railroad shall furnish to the consignor or the consignee of the said cottonseed, or both of them, upon demand, a true statement of the weight of each car of seed shipped by or to such consignor or consignee. For failure to weigh such cottonseed or to furnish a statement as to the weight of such car of cottonseed, such railroad company shall forfeit to the consignor or consignee, or both, the sum of One Hundred Twenty-five Dollars ($125.00) to be recovered by suit at the instance of the party to whom such information is refused. However, in the event any carload of cottonseed is shipped or transported over more than one (1) railroad the same need not be weighed except by one (1) of said carriers, and the initial carrier shall weigh the same or be responsible for the failure of the connecting carrier or carriers to weigh said car. If the railroad has no scales available at destination of shipment or in transit and the oil mill should refuse the railroad permission to test-weigh on its scales, then and in such event the penalty herein provided shall not be imposed.

In case the common carrier cannot conveniently weigh on its scales, weighing may be done by any bonded weigher, not in the employ of any oil mill, or by an agent of such common carrier on the mill scales. Such bonded weigher or agent of common carrier shall supply the consignor or consignee with correct weights upon demand of either or both. Charges for all weighing shall be as now or hereafter adopted by the Mississippi Transportation Commission.

SECTION 17. Section 77-9-375, Mississippi Code of 1972, is amended as follows:

77-9-375. Any railroad which shall commit extortion, in rates or by discrimination, as defined in Section 77-9-371, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00). However, the railroad cannot be punished criminally if its tariff of charges was approved by the Mississippi Transportation Commission, and if the charge complained of be not variant from that allowed thereby.

SECTION 18. Section 77-9-381, Mississippi Code of 1972, is amended as follows:

77-9-381. The Mississippi Transportation Commission shall prescribe the manner and designate the place of posting the tariffs of charges. Every railroad shall post, within ten (10) days after approval, and keep posted in the manner and at the place designated by the commission, at each of its depots, its tariffs of charges for the transportation of passengers and freight, including joint tariffs with all connecting lines, if so ordered, together with the commission's certificate of approval and classification notices and orders promulgated by the commission and directed to be posted.

SECTION 19. Section 77-9-383, Mississippi Code of 1972, is amended as follows:

77-9-383. Any person who shall tear down, deface, or mutilate the tariffs of charges for transportation of freight or passengers, classifications, circulars, rules and regulations posted by any railroad in compliance with law, or the rules and regulations of the Mississippi Transportation Commission, or who shall erase or alter, without proper authority, the marks on the bulletin board, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding Fifty Dollars ($50.00) or by imprisonment in the county jail not exceeding thirty (30) days.

SECTION 20. Section 77-9-385, Mississippi Code of 1972, is amended as follows:

77-9-385. Every railroad ought to use the same classification of freight, and, as far as practicable, the Mississippi Transportation Commission shall require them to do so and to conform the classification to that in use in interstate commerce, when practicable.

SECTION 21. Section 77-9-387, Mississippi Code of 1972, which provides that the Public Service Commission shall docket, hear and determine all complaints concerning schedules and tariffs, is hereby repealed.

SECTION 22. Section 77-9-433, Mississippi Code of 1972, which requires the Public Service Commission to visit the scene of a railroad accident, is hereby repealed.

SECTION 23. Section 77-9-481, Mississippi Code of 1972, is amended as follows:

77-9-481. The inspectors, employed pursuant to the authority granted in Section 65-1-173, shall be responsible for enforcing and investigating all violations of the railroad laws, and the rules, regulations and general orders of the Mississippi Transportation Commission promulgated thereunder. In the performance of their duties such employees shall give particular attention to the enforcement of the commission's safety rules and regulations; the provisions prohibiting unlawful preference, concession, rebate or discrimination; the adequacy of service, equipment or facilities of railroad companies; blocking of rights-of-way; the inspection of all equipment, rights-of-way, roadbed and tracks; and the requirement respecting certificate of public convenience and necessity, permits or other laws affecting the operation of the railroad.

SECTION 24. Section 77-9-487, Mississippi Code of 1972, is amended as follows:

77-9-487. The Mississippi Transportation Commission is hereby authorized and empowered to purchase all necessary equipment to enforce the provisions of the railroad laws of the State of Mississippi and to pay for the same out of the "Mississippi Transportation Commission Regulation Fund."

SECTION 25. Section 77-9-525, Mississippi Code of 1972, is amended as follows:

77-9-525. A public hearing * * *, in the discretion of the Senate Highway and Transportation Committee and House Transportation Committee chairmen, may be held by the chairmen and three (3) appointed members of the * * * committees * * * meeting concurrently to receive testimony within twenty (20) days after the receipt of notice to the chairmen of the statement of intent to abandon or discontinue service. The committees may adopt, by a majority vote of those members present and voting, a concurrent resolution memorializing the Interstate Commerce Commission either to permit or to refuse to permit the person, company or other legal entity owning or operating the railroad to abandon the rail line and discontinue rail service thereon, stating the reasons supporting said position. If a concurrent resolution is adopted by both of the committees, the Clerk of the House of Representatives and the Secretary of the Senate shall forthwith transmit certified copies of such resolution to the Interstate Commerce Commission, the Mississippi Transportation Commission and to each of the members of Congress elected from the state.

SECTION 26. This act shall take effect and be in force from and after July 1, 1997.