House Bill 683

AN ACT TO AMEND SECTION 77-9-521, MISSISSIPPI CODE OF 1972, TO REQUIRE RAIL CARRIERS MAKING APPLICATION TO THE SURFACE TRANSPORTATION BOARD FOR THE SALE OF PART OR ALL OF A CLASS 1 RAIL LINE TO PROVIDE TO THE GOVERNOR A COPY OF THE APPLICATION; TO REQUIRE THE GOVERNOR TO FORWARD SUCH NOTICE TO THE LEGISLATURE; TO AMEND SECTION 77-9-523, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LEGISLATURE MAY HOLD A JOINT MEETING TO CONSIDER SUCH PROPOSED SALE; TO AMEND SECTION 77-9-525, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LEGISLATURE MAY CONDUCT A PUBLIC HEARING REGARDING SUCH PROPOSED SALE; TO PROVIDE THAT THE JOINT COMMITTEE MAY ADOPT A RESOLUTION TO MEMORIALIZE THE SURFACE TRANSPORTATION BOARD TO PERMIT OR REFUSE TO PERMIT SUCH SALE; TO AMEND SECTION 77-9-527, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI TRANSPORTATION COMMISSION SHALL HAVE THE POWER TO ACQUIRE THE CLASS I RAIL LINE THAT IS PROPOSED TO BE SOLD; 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.

(3) A rail carrier making application to the Surface Transportation Board for the sale of part or all of a Class 1 rail line shall provide to the Governor a copy of the application.

(4) Upon receipt by the Governor of the application described in subsection (3) 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 sale is planned, of such sale.

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 sale of part or all of a Class 1 rail line or abandonment or discontinuance provided for in the Interstate Commerce Act 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, which may be a joint meeting to include a select committee on railway in lieu of a transportation committee if one exists in the House or Senate, 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 sale of part or all of a Class 1 rail line or abandonment or discontinuance provided for in the Interstate Commerce Act.

SECTION 3. 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 the House Transportation Committee chairmen, may be held by the chairmen and three (3) appointed members of the committees, which may be a joint meeting to include a standing or select committee on railway in lieu of a transportation committee if one exists in the House or Senate, meeting concurrently to receive testimony within twenty (20) days after the receipt of notice to the chairmen of the statement of intent to sell part or all of a Class I rail line, abandon or discontinue service. The committees may adopt, by a majority vote of those members present and voting, a concurrent resolution memorializing the Surface Transportation Board either to permit or to refuse to permit the person, company or other legal entity owning or operating the railroad to sell part or all of a Class 1 rail line, abandon the rail line or discontinue rail service thereon, stating the reasons supporting the 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 Surface Transportation Board, the Mississippi Transportation Commission and to each of the members of Congress elected from the state.

SECTION 4. Section 77-9-527, Mississippi Code of 1972, is amended as follows:

77-9-527. (1) If a rail carrier files a notice of intent to sell part or all of a Class I rail line or abandon or discontinue as provided for in the Interstate Commerce Act, the Mississippi Transportation Commission shall have the power to acquire the railroad, which may be part or all of a rail line, that is proposed to be sold, abandoned or discontinued. The Mississippi Transportation Commission shall have the power to construct, own, hold, control, use, extend, relocate, operate, maintain, repair, equip and lease such railroad and any machinery, equipment or other facilities required and incidental to the ownership and operation of such railroad.

(2) For the purposes provided for in subsection (1) of this section, the Mississippi Transportation Commission shall have the power to acquire rights-of-way, land, easements, property and interests in property by gift, purchase, condemnation or otherwise. In exercising condemnation under this section, the commission shall condemn property in the manner provided by law.

SECTION 5. This act shall take effect and be in force from and after July 1, 2013.