2021 Regular Session
To: Highways and Transportation
By: Senator(s) Branning, England
AN ACT TO PROHIBIT CONSIDERATION OF THE DEPLOYMENT, IMPLEMENTATION OR USE OF A MOTOR CARRIER SAFETY IMPROVEMENT, BY OR AS REQUIRED BY A MOTOR CARRIER OR ITS RELATED ENTITY, INCLUDING BY CONTRACT, IN THE EVALUATION OF AN INDIVIDUAL'S STATUS AS AN EMPLOYEE, INDEPENDENT CONTRACTOR OR JOINTLY EMPLOYED EMPLOYEE UNDER ANY STATE LAW; TO AMEND SECTION 77-7-7, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "MOTOR CARRIER SAFETY IMPROVEMENT"; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The deployment, implementation or use of a motor carrier safety improvement, as defined in Section 77-7-7, by or as required by a motor carrier or its related entity, including by contract, shall not be considered in the evaluation of an individual's status as an employee, independent contractor or jointly employed employee under any state law.
SECTION 2. Section 77-7-7, Mississippi Code of 1972, is amended as follows:
77-7-7. Whenever used in this chapter unless expressly stated otherwise:
(a) The term "person" means individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof.
(b) The term "commission" means the Mississippi Transportation Commission.
(c) The term "highway" means every public highway or place of whatever nature open to the use of the public for purposes of vehicle travel in this state, including the streets and alleys in towns and cities.
(d) The term "motor vehicle" and "vehicle" means any vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property; such term, however, does not include any vehicle, locomotive or car operated exclusively on a rail or rails.
(e) The term "common carrier by motor vehicle" means any person who or which undertakes, whether directly or by a lease or any other arrangement, to transport passengers or household goods.
(f) The term "contract
carrier by motor vehicle" means any person, not included under * * *
paragraph (e) of this
section, who or which, under special and individual contracts or agreements,
and whether directly or by a lease or any other arrangement, transports
passengers or household goods.
(g) The term "restricted motor carrier" means all carriers of property, except household goods, by motor vehicle for compensation.
(h) The "services" and "transportation" to which this chapter applies include all vehicles operated by, for or in the interest of any motor carrier irrespective of ownership or contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property or in the performance of any service in connection therewith.
(i) The term "certificate" means a certificate of public convenience and necessity issued by the commission to common carriers by motor vehicle and restricted common carriers by motor vehicle under this chapter.
(j) The term "permit" means a permit issued by the commission to contract carriers by motor vehicle under this chapter.
(k) The term "interstate permit" means a permit issued under the terms of this chapter to the holder of a certificate of public convenience and necessity, a permit, or other operating authority from the U.S. Department of Transportation.
(l) The term "owner" or "operator" and "owner and operator" means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof, to whom or to which a certificate of convenience and necessity or permit or interstate permit has been issued by the commission.
(m) The term "vanpooling" means a nonprofit arrangement entered into to provide for the transportation of persons to and from their places of employment utilizing a motor vehicle manufactured primarily for the transporting of not less than eight (8) nor more than fifteen (15) people, and where the costs of operating said vehicle, including reasonable vehicle depreciation costs, are paid for by those people utilizing such arrangement.
(n) The term "gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
(o) The term "gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
(p) The term "motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program or operational practice intended and primarily used to improve or facilitate compliance with traffic safety or motor carrier safety laws, safety of a motor vehicle, safety of the operator of a motor vehicle or safety of third-party users of highways of this state.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.