MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Utilities

By: Representative Ellis

AN ACT TO AMEND SECTIONS 77-9-521 AND 77-9-523, MISSISSIPPI CODE OF 1972, TO CLARIFY THE TRANSFER OF THE AUTHORITY TO CONDUCT HEARINGS ON PROPOSED ABANDONMENTS OR DISCONTINUANCES OF RAILROAD LINES OR RAIL SERVICE FROM THE PUBLIC UTILITIES COMMITTEES OF THE HOUSE AND SENATE TO THE HOUSE TRANSPORTATION COMMITTEE AND THE SENATE HIGHWAYS AND TRANSPORTATION COMMITTEE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 77-9-521, Mississippi Code of 1972, is amended as follows:

77-9-521. (1) A rail carrier making application to the Surface Transportation Board for certificate of abandonment or discontinuance shall provide to the Governor, in addition to the notice of intent to abandon or discontinue provided for in the Interstate Commerce Act (Subtitle IV to Title 49, United States Code Service, Section 10,101 et seq.), a copy of the application for a certificate of abandonment or discontinuance, an accurate and understandable summary of the rail carrier's application and the reasons for the proposed abandonment or discontinuance, a statement containing the estimate of the subsidy and minimum purchase price required to keep the line in operation.

(2) Upon receipt by the Governor of the notice, application and other information described in subsection (1) of this section, the Governor shall forthwith transmit a copy thereof to the Clerk of the House of Representatives and to the Secretary of the Senate, who shall then immediately notify the respective Chairmen of the Transportation Committee of the House of Representatives and the Highways and Transportation Committee of the Senate of the receipt of such notice. The respective chairmen of such committees shall then notify those members of the Legislature, representing legislative districts within which the proposed railroad line abandonment or discontinuance is planned, of such abandonment or discontinuance.

SECTION 2. Section 77-9-523, Mississippi Code of 1972, is amended as follows:

77-9-523. Each member of the Legislature representing a legislative district within which the proposed railroad abandonment or discontinuance is planned shall recommend to his respective House Transportation Committee or Senate Highways and Transportation Committee chairman, after reviewing such information as is available, whether or not a public hearing should be held to investigate and consider the proposed railroad abandonment or discontinuance. The Chairman of the Transportation Committee * * * of the House of Representatives and the Chairman of the Highways and Transportation Committee * * * of the Senate shall then confer with each other and, if the Legislature is not in session at the time, then also with the House Management Committee and the Lieutenant Governor, and then shall call a joint meeting for the sole purpose of investigating and considering the proposed or intended abandonment or discontinuance. Each chairman may, in his discretion, and based upon the recommendations of the legislators representing the districts within which the proposed railroad abandonment or discontinuance is planned, appoint three (3) members from his * * * committee and * * * call a joint meeting for the sole purpose of investigating and considering the proposed or intended abandonment or discontinuance.

SECTION 3. This act shall take effect and be in force from and after its passage.