Senate Bill 2991

(As Sent to Governor)

AN ACT TO AMEND SECTION 77-7-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL NOT HAVE THE DUTY NOR THE POWER TO REGULATE THE RATES OF COMMON AND CONTRACT CARRIERS BY MOTOR VEHICLE WHICH TRANSPORT HOUSEHOLD GOODS; TO AMEND SECTIONS 77-7-151, 77-7-153, 77-7-173, 77-7-187, 77-7-211, 77-7-213, 77-7-217, 77-7-219, 77-7-221, 77-7-241, 77-7-243 AND 77-7-245, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 77-7-13, Mississippi Code of 1972, is amended as follows:

77-7-13. (1) It shall be the duty of the commission and the commission shall have the power:

(a) To regulate common carriers by motor vehicle and contract carriers by motor vehicle not exempted in this chapter, doing business in this state, and to that end, the commission may establish reasonable requirements with respect to continuous and adequate service, transportation of baggage and express, uniform system of accounts, records and reports, preservation of records, and safety of operation and equipment, including maximum hours of service of employees.

(b) For the purpose of carrying out the provisions of this chapter, to avail itself of the special information of the Mississippi Transportation Commission in promulgating safety requirements and in considering applications for certificates or permits with particular reference to conditions of the public highway or highways involved, and the ability of the said public highway or highways to carry added traffic; the Mississippi Transportation Commission upon request of the commission shall furnish such information.

(c) To administer, execute and enforce all other provisions of this chapter, to make necessary orders in connection therewith, and to prescribe rules, regulations and procedure for such administration.

(d) To inquire into the organization of motor carriers, and into the management of their businesses, to keep itself informed as to the manner and method in which the same is conducted, and to transmit to the Legislature, from time to time, such recommendations as to additional legislation relating to such carriers as the commission may deem necessary.

(2) The commission may from time to time establish such just and reasonable classifications of groups of carriers included in the terms "common carrier by motor vehicle" and "contract carrier by motor vehicle," as the special nature of the services performed by such carriers shall require, and the commission may from time to time establish such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or desirable in the public interest.

(3) The commission may from time to time enter into joint and cooperative agreements with other governmental agencies in regard to safety, forms, operating procedures and regulatory jurisdiction.

(4) The rules, regulations, requirements and classifications adopted in pursuance to the power and duty of the commission by this section granted and imposed shall conform as nearly as practicable to the rules, regulations, requirements and classifications promulgated by the Interstate Commerce Commission, the United States Department of Transportation, or any other appropriate governmental agency.

(5) The commission shall not have the duty nor the power to regulate the rates of common carriers by motor vehicle which undertake, whether directly or by a lease or any other arrangement, to transport household goods.

(6) The commission shall not have the duty nor the power to regulate the rates of contract carriers by motor vehicle, who or which, under special and individual contract or agreements, and whether directly or by a lease or any other arrangement, transport household goods.

SECTION 2. Section 77-7-151, Mississippi Code of 1972, is amended as follows:

77-7-151. It shall be the duty of every common carrier of household goods by motor vehicle to provide safe and adequate service, equipment and facilities for the transportation of household goods * * *.

SECTION 3. Section 77-7-153, Mississippi Code of 1972, is amended as follows:

77-7-153. It shall be unlawful for any common carrier by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, to make, give or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality or description of traffic in any respect whatsoever, or to subject any particular persons, port, gateway, locality or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever. However, this section shall not be construed to apply to discriminations, prejudice or disadvantage to the traffic of any other carrier of whatever description.

SECTION 4. Section 77-7-173, Mississippi Code of 1972, is amended as follows:

77-7-173. Common carriers by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, shall, before making a change in their schedules, give proper notice to the commission of such proposed change. The operation under such changed schedule shall thereafter be lawful unless otherwise ordered by the commission upon objection of an interested party or the commission itself.

SECTION 5. Section 77-7-187, Mississippi Code of 1972, is amended as follows:

77-7-187. (1) Common carriers of passengers by motor vehicle may establish reasonable through routes and joint rates with other such common carriers, and shall provide safe and adequate service, equipment and facilities for the transportation of passengers, and shall establish, observe and enforce just and reasonable regulations and practices relating thereto, and to the issuance, form and substance of tickets, the carrying of personal, sample and excess baggage, and the facilities for transportation of passengers. In case of joint rates, fares and charges, it shall be the duty of the carriers party thereto to establish just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.

(2) * * * Common carriers of passengers by motor vehicle may establish reasonable through routes and joint rates, fares or charges with common carriers by railroad or water. In case of such joint rates, fares or charges, it shall be the duty of the carriers party thereto to establish just and reasonable regulations and practices in connection therewith, and just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.

SECTION 6. Section 77-7-211, Mississippi Code of 1972, is amended as follows:

77-7-211. Every common carrier of passengers shall file with the commission, and print and keep open for public inspection, tariffs showing all the rates, fares and charges for transportation, and all services in connection therewith, * * * between points on its own route, and between points on its own route and points on the route of any other such carrier, or on the route of any common carrier by railroad, express or water, when a through route and joint rate has been established. Such rates, fares and charges shall be stated in terms of lawful money of the United States. The tariffs required by this section shall be published, filed and posted in such form and manner, and shall contain such information as the commission by regulation shall prescribe. The commission is authorized to reject any tariff filed with it which is not in consonance with this section and with such regulations. Any tariff so rejected by the commission shall be void and its use shall be unlawful.

No common carrier of passengers, unless otherwise provided by this chapter, shall engage in the transportation of passengers * * * unless the rates, fares and charges upon which the same are transported by the carrier have been filed and published in accordance with the provisions of this chapter.

SECTION 7. Section 77-7-213, Mississippi Code of 1972, is amended as follows:

77-7-213. No common carrier by motor vehicle, the rates of which are subject to regulation under the provisions of this chapter, shall charge, demand, collect or receive a greater, less or different compensation for transportation or for any service in connection therewith between the points enumerated in its tariff than the rates, fares and charges specified in the tariffs in effect at the time. No such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent, or otherwise, any portion of the rates, fares or charges so specified, or extend to any person any privileges or facilities for transportation except such as are specified in its tariffs.

SECTION 8. Section 77-7-217, Mississippi Code of 1972, is amended as follows:

77-7-217. Any person, state board, organization or body politic may make complaint in writing to the commission that any such rate, fare, charge, classification, rule, regulation or practice in effect, or proposed to be put into effect, is or will be in violation of Sections * * * 77-7-153, 77-7-187, 77-7-211 through 77-7-215. The provisions of this section shall not apply to common carriers of household goods.

Whenever, after hearing, upon complaint or in an investigation on its own initiative, the commission is of the opinion that any individual or joint rate, fare or charge, demanded, charged or collected by any common carrier or carriers by motor vehicle or by any common carrier or carriers by motor vehicle in conjunction with any common carrier or carriers by railroad or express, or water, or any classification, rule, regulation or practice whatsoever of such carrier or carriers affecting such rate, fare or charge or the value of the service thereunder, is or will be unjust or unreasonable, or unjustly discriminatory or unduly preferential or unduly prejudicial, it shall determine and prescribe the lawful rate, fare or charge thereunder to be observed, or the lawful classification, rule, regulation or practice thereafter to be made effective.

The commission shall, whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint or upon its own initiative without a complaint, establish through routes, and joint rates, fares, charges, regulations or practices, applicable to the transportation of passengers by common carriers by motor vehicle, or the maxima or minima, to be charged, and the terms and conditions under which the through routes shall be operated.

Whenever, after hearing, upon complaint or upon its own initiative, the commission is of opinion that the divisions of joint rates, fares or charges, applicable to the transportation of passengers * * * by common carriers by motor vehicle or by such carriers in conjunction with common carriers by railroad or express, or water are, or will be unjust, unreasonable, inequitable or unduly preferential or prejudicial as between the carriers parties thereto (whether agreed upon by such carriers, or any of them, or otherwise established), the commission shall by order prescribe the just, reasonable and equitable divisions thereof to be received by the several carriers. In cases where the joint rate, fare or charge was established pursuant to a finding or order of the commission and the divisions thereof are found by it to have been unjust, unreasonable or inequitable, or unduly preferential or prejudicial, the commission may also by order determine what would have been the just, reasonable and equitable divisions thereof to be received by the several carriers, and require adjustment to be made in accordance with the order, from the date of filing the complaint or entry of order of investigation or such other date subsequent as the commission finds justified and, in the case of joint rates prescribed by the commission, the order as to divisions may be made effective as a part of the original order.

SECTION 9. Section 77-7-219, Mississippi Code of 1972, is amended as follows:

77-7-219. Whenever there shall be filed with the commission any schedule stating a new individual or joint rate, fare, charge or classification for the transportation of passengers * * * by a common carrier or carriers by motor vehicle, or by any such carrier or carriers in conjunction with a common carrier or carriers by railroad, express or water, or any rule, regulation or practice affecting such rate, fare or charge, or the value of the service thereunder, the commission is hereby authorized and empowered, upon complaint of any interested party or upon its own initiative, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, fare or charge, or such rule, regulation or practice, and pending such hearing and the decision thereon the commission, by filing with such schedule and delivering to the carrier or carriers affected thereby, a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare or charge, or such rule, regulation or practice, for a period of ninety (90) days. If the proceeding has not been concluded and a final order made within such period, the commission may, from time to time, extend the period of suspension by order, but not for a longer period in the aggregate than one hundred eighty (180) days beyond the time when it would otherwise go into effect. After hearing, whether completed before or after the rate, fare, charge, classification, rule, regulation or practice goes into effect, the commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare or charge, or classification, rule, regulation or practice shall go into effect at the end of such period.

SECTION 10. Section 77-7-221, Mississippi Code of 1972, is amended as follows:

77-7-221. In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers * * * by common carriers by motor vehicle, the commission shall give due consideration, among other factors, to the inherent advantages of transportation by such carriers; to the effect of rates upon the movement of traffic by such carriers; to the need, in the public interest, of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such services; and to the need of revenues sufficient to enable such carriers, under honest, economical and efficient management, to provide such service.

In any proceeding to determine the justness or reasonableness of any rate, fare or charge of any such carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of such carrier, either goodwill, earning power, or the certificate under which such carrier is operating. In applying for and receiving a certificate under this chapter, any such carrier shall be deemed to have agreed to the provisions of this paragraph, on its own behalf and on behalf of all transferees or lessees of such certificate.

SECTION 11. Section 77-7-241, Mississippi Code of 1972, is amended as follows:

77-7-241. It shall be the duty of every contract carrier by motor vehicle to file with the commission, publish, and keep open for public inspection, in the form and manner prescribed by the commission, schedules, or in the discretion of the commission, copies of contracts containing the minimum charges of such carrier for the transportation of passengers * * * in intrastate commerce, and any rule, regulation, or practice affecting such charges and the value of the service thereunder. No such contract carrier, unless otherwise provided by this chapter, shall engage in the transportation of passengers * * * in intrastate commerce unless the minimum charges for such transportation by the carrier have been published, filed and posted in accordance with the provisions of this chapter.

No reduction shall be made in any such charge, either directly or by means of any change in any rule, regulation or practice affecting such charge or the value of service thereunder, except after thirty (30) days' notice of the proposed change filed in the aforesaid form and manner. However, the commission may, in its discretion and for good cause shown, allow such change upon less notice, or modify the requirements of this section with respect to posting and filing of such schedules or copies of contracts, either in particular instances, or by general order applicable to special or peculiar circumstances or conditions. Such notice shall plainly state the change proposed to be made and the time when such change will take effect.

No such carrier shall demand, charge or collect a less compensation for such transportation than the charges filed in accordance with this section, as affected by any rule, regulation or practice so filed, or as may be prescribed by the commission from time to time, and it shall be unlawful for any such carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept or receive less than the minimum charges so filed or prescribed. Any such carrier or carriers or any class or group thereof, may apply to the commission for relief from the provisions of this section, and the commission may, after hearing, grant the relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the policy declared in Section 77-7-3.

SECTION 12. Section 77-7-243, Mississippi Code of 1972, is amended as follows:

77-7-243. Whenever, after hearing upon complaint or its own initiative, the commission finds that any charge of any contract carrier or carriers by motor vehicle, or any rule, regulation or practice of any such carrier or carriers affecting such charge, or the value of the service thereunder, for the transportation of passengers * * * in intrastate commerce, contravenes the policy declared in Section 77-7-3, the commission may prescribe such minimum charge, or such rule, regulation or practice as in its judgment may be necessary or desirable in the public interest and to promote the policy declared in said section. Such minimum charge, or such rule, regulation or practice so prescribed by the commission, shall give no advantage or preference to any such carrier in competition with any common carrier by motor vehicle subject to this chapter, which the commission may find to be undue or inconsistent with the public interest and the policy declared in said section. The commission shall give due consideration to the cost of the services rendered by such carriers and to the effect of such minimum charge, or such rules, regulations or practices upon the movement of traffic by such carriers. All complaints shall state fully the facts complained of and the reasons for such complaint and shall be made under oath.

SECTION 13. Section 77-7-245, Mississippi Code of 1972, is amended as follows:

77-7-245. Whenever there shall be filed with the commission by any contract carrier any schedule or contract stating a reduced charge directly, or by means of any rule, regulation or practice, for the transportation of passengers * * * in intrastate commerce, the commission is hereby authorized and empowered, upon complaint of interested parties or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such charge, or such rule, regulation or practice, and pending such hearing and the decision thereon the commission, by filing with such schedule or contract and delivering to the carrier affected thereby, a statement in writing of its reasons for such suspension, may suspend the operation of such schedule or contract and defer the use of such charge, or such rule, regulation or practice, for a period of ninety (90) days. If the proceeding has not been concluded and a final order made within such period, the commission may, from time to time, extend the period of suspension, but not for a longer period in the aggregate than one hundred eighty (180) days beyond the time when it would otherwise go into effect. After hearing, whether completed before or after the charge, or rule, regulation or practice goes into effect, the commission may make such order with reference thereto as would be proper in proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge or rule, regulation or practice shall go into effect at the end of such period. The carrier may voluntarily suspend such schedule, rule, regulation or practice for further periods beyond the one hundred eighty (180) days and until the proceeding be concluded.

SECTION 14. This act shall take effect and be in force from and after July 1, 2004.