MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Utilities

By: Senator(s) Minor

AN ACT TO REPEAL SECTIONS 77-9-1, 77-9-3, 77-9-9, 77-9-11, 77-9-17, 77-9-19, 77-9-21, 77-9-23, 77-9-25, 77-9-41, 77-9-143, 77-9-163, 77-9-239, 77-9-265, 77-9-267, 77-9-323, 77-9-375, 77-9-381, 77-9-383, 77-9-385, 77-9-387 AND 77-9-433, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE PUBLIC SERVICE COMMISSION'S AUTHORITY OVER RAILROAD AND OTHER CARRIERS; TO AMEND SECTIONS 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1972, which provides that the Public Service Commission shall see that the railroad laws are complied with, is hereby repealed.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that the Public Service Commission shall visit each county to hear complaints and investigate service, is hereby repealed.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which authorizes the Public Service Commission to have general supervision and regulation of the railroads, is hereby repealed.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Code of 1972, which provides for the regulation and revision of tariffs or charges of the railroads, is hereby repealed.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1972, which provides a penalty against railroad companies when such companies fail to make an annual report, is hereby repealed.

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of 1972, which requires certain information to be furnished by railroads to the Public Service Commission, is hereby repealed.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manner of service or execution of orders and decision of the Public Service Commission affecting railroads, is hereby repealed.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Code of 1972, which provides for notice given to railroads by the Public Service Commission of complaints, is hereby repealed.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Code of 1972, which provides for the manner of service or execution of all notices upon railroads, is hereby repealed.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, which provides a general penalty for violations of the railroad laws, is hereby repealed.

SECTION 11. Section 77-9-143, Mississippi Code of 1972, which authorizes railroad companies to own and dispose of property, is hereby repealed.

SECTION 12. Section 77-9-163, Mississippi Code of 1972, which requires consent from the Public Service Commission for the consolidation of railroad corporations, is hereby repealed.

SECTION 13. Section 77-9-239, Mississippi Code of 1972, which authorizes the Public Service Commission to recommend to railroad companies the adoption of uniform automatic car-couplers, is hereby repealed.

SECTION 14. Section 77-9-265, Mississippi Code of 1972, which authorizes the Public Service Commission to prohibit the switching or standing of trains on certain tracks, is hereby repealed.

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

SECTION 16. Section 77-9-323, Mississippi Code of 1972, which requires every railroad to weigh each carload of cottonseed that it transports, is hereby repealed.

SECTION 17. Section 77-9-375, Mississippi Code of 1972, which provides criminal punishment of railroad companies found guilty of extortion, is hereby repealed.

SECTION 18. Section 77-9-381, Mississippi Code of 1972, which authorizes the Public Service Commission to prescribe the manner and designate the place of posting the tariffs of charges, is hereby repealed.

SECTION 19. Section 77-9-383, Mississippi Code of 1972, which provides a penalty for defacing posted material, is hereby repealed.

SECTION 20. Section 77-9-385, Mississippi Code of 1972, which provides for the classification of freight, is hereby repealed.

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; * * * 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 may, in the discretion of the public utilities chairmen, be held by the chairmen and three (3) appointed members of the Public Utilities Committees of the House of Representatives and the Senate 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.