MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Utilities; Appropriations
By: Representative Lane
AN ACT TO ESTABLISH THE MISSISSIPPI DEPARTMENT OF PUBLIC UTILITIES; TO ABOLISH THE MISSISSIPPI PUBLIC SERVICE COMMISSION AND ITS EXECUTIVE SECRETARY; TO TRANSFER ALL POWERS AND DUTIES OF THE PUBLIC SERVICE COMMISSION AND THE PUBLIC UTILITIES STAFF TO THE DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT SHALL HAVE AN EXECUTIVE DIRECTOR WHO SHALL BE APPOINTED BY THE GOVERNOR; TO REQUIRE THE DIRECTOR TO HAVE CERTAIN QUALIFICATIONS; TO PROVIDE THAT THE DIRECTOR SHALL HAVE GENERAL CHARGE OF THE OPERATIONS AND ADMINISTRATION OF THE STAFF OF THE DEPARTMENT; TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER)TO PREPARE A REPORT TO DETERMINE THE NUMBER OF STATE PERSONNEL BOARD PINS THAT ARE NEEDED TO PERFORM THE DUTIES OF THE DEPARTMENT; TO AMEND SECTIONS 77-1-3, 77-1-5, 77-1-6,77-1-11, 77-1-17, 77-1-19, 77-1-25, 77-1-27, 77-1-29, 77-1-31, 77-1-33, 77-1-35, 77-1-37, 77-1-39, 77-1-41, 77-1-43, 77-1-47, 77-1-49, 77-1-51, 77-1-53, 77-1-55, 77-2-3, 77-2-5, 77-3-37, 77-3-87, 77-3-89, 77-3-509, 19-5-333, 23-15-193, 23-15-297, 25-1-13 AND 25-3-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO PROVIDE THAT THE DEPARTMENT OF PUBLIC UTILITIES SHALL RECEIVE AN ADDITIONAL APPROPRIATION TO PAY "FINANCIAL COSTS" AS DEFINED UNDER THE MISSISSIPPI PUBLIC UTILITY RATE MITIGATION AND REDUCTION ACT UNTIL SUCH COSTS ARE PAID IN FULL; TO AMEND SECTION 77-3-115, MISSISSIPPI CODE OF 1972, TO REVISE THE APPEALS PROCESS UNDER THE MISSISSIPPI PUBLIC UTILITY RATE MITIGATION AND REDUCTION ACT BY REMOVING THE REQUIREMENT THAT AN APPEAL IS NOT PERFECTED UNTIL A CERTAIN BOND IS POSTED WITH THE DEPARTMENT OF PUBLIC UTILITIES BY A PERSON SEEKING TO APPEAL A FINANCING ORDER UNDER THE ACT; TO BRING FORWARD SECTION 77-1-21, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO REPEAL SECTION 77-1-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE PUBLIC SERVICE COMMISSION; TO REPEAL SECTION 77-1-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE EMPLOYMENT AND DUTIES OF THE EXECUTIVE SECRETARY OF THE PUBLIC SERVICE COMMISSION; TO REPEAL SECTION 77-2-1, MISSISSIPPI CODE OF 1972, WHICH CREATES THE PUBLIC UTILITIES STAFF; TO REPEAL SECTION 77-2-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE PUBLIC UTILITIES STAFF; TO REPEAL SECTION 77-2-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR OF THE PUBLIC UTILITIES STAFF; TO REPEAL SECTION 77-2-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROHIBITION OF FORMER EMPLOYEES OF THE PUBLIC SERVICE COMMISSION AND ITS STAFF OR PUBLIC UTILITIES STAFF FROM ACCEPTING CERTAIN EMPLOYMENT; TO REPEAL SECTION 77-2-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROHIBITION OF CERTAIN COMMUNICATIONS IN CONTESTED PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION; TO REPEAL SECTION 77-2-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE CONTINUED FORCE AND EFFECT OF PRIOR RULES AND ORDERS OF THE PUBLIC SERVICE COMMISSION AS WELL AS THE PUBLIC UTILITIES STAFF'S ACCESS TO ALL DATA FILED WITH THE COMMISSION; TO REPEAL SECTION 77-2-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE ESTABLISHMENT OF THE PUBLIC UTILITIES STAFF REGULATION FUND; TO REPEAL SECTION 77-3-8, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES STAFF FOR THE PUBLIC SERVICE COMMISSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby established the Mississippi Department of Public Utilities. All of the powers and duties of the Public Service Commission and the Public Utilities Staff shall be transferred to the department. Wherever the term "Public Service Commission" or "Public Utilities Staff" appears in any law, it shall mean the Department of Public Utilities.
(2) All valid rules, orders and directives previously enforced, issued or promulgated by the former Public Service Commission shall remain in force and effect until repealed, modified or superseded by duly authorized rules, orders or directives of the department.
SECTION 2. The Governor shall appoint an Executive Director of the Department of Public Utilities for a four-year term of office which shall begin January 1, 2016. The executive director may be removed by the Governor pursuant to Section 25-9-101. The executive director of the department shall hold at least a bachelor's degree and shall have extensive managerial experience with a thorough knowledge of public utility economics and the principles of utility service and rate construction and shall possess the ability to analyze quantitative and qualitative data and to develop and adjust regulatory strategies or policies to attain department objectives.
All appointments by the Governor for the executive director of the department shall be with the advice and consent of the Senate. The Governor shall submit his initial appointment for the executive director to the Senate by March 1, 2015. For all subsequent appointments, the Governor shall submit his appointment to the Senate not later than March 1 of the year in which a term expires, and if such submission is not made by March 1, the incumbent director shall be deemed to have been reappointed for a four-year term. If a vacancy occurs from resignation, death or removal from office by the Governor, the Governor shall submit his appointment for the unexpired term to the Senate not later than the next March 1 after such vacancy occurs. If no appointment for an unexpired term is submitted to the Senate, the Governor shall make such appointment not later than April 1 of such year. The Governor shall fix the compensation of the executive director, subject to approval by the State Personnel Board. The executive director shall be eligible for reappointment.
The executive director shall give his entire time to the duties of his office. Before entering upon the duties of his office, the executive director shall give bond to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), conditioned upon the faithful discharge and performance of his official duty. The principal and surety on such bond shall be liable thereunder to the state for double the amount of value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of the executive director. Such bond, when approved by the Governor, shall be filed with the Secretary of State, and the premium thereon shall be paid from any funds available to the Governor.
The executive director shall have general charge of the operations and administration of the staff of the department. It shall be the duty and responsibility of the executive director to supervise and manage the offices and personnel on the staff and formulate written policies and procedures for the effective and efficient operation thereof. The executive director shall be responsible for hiring persons on the staff who meet established qualifications for comparable positions of duty and responsibility. All former employees of the Public Utilities Staff and the Public Service Commission shall be eligible to be rehired by the executive director for positions within the department. Such former employees shall not lose any vacation or sick leave benefits previously accrued and, if rehired, shall continue vacation and sick leave as if they had not been terminated. For a period of one (1) year after January 1, 2016, the personnel actions of the Department of Public Utilities shall be exempt from State Personnel Board procedures in order to give the department flexibility in making an orderly, effective and timely transition to the mandated reorganization.
(2) The following staff of the department shall be competitively appointed by the executive director and shall have at least the knowledge, skills and abilities set forth herein. These requirements shall not be waived, and possession thereof shall be certified by the State Personnel Board:
(a) A chief engineer who is a graduate licensed engineer and who has a thorough knowledge of engineering principles as applied to the design, construction, operation, maintenance and expansion of utility facilities and rate structure determination. The chief engineer shall possess a thorough knowledge of techniques and practices of public utility service and regulation and shall have the ability to evaluate same and to formulate accurate conclusions therefrom.
(b) A certified public accountant who possesses a thorough knowledge of standard accounting procedures, techniques and systems with specific reference to the utility industry. Such accountant shall be experienced in public utility accounting and shall have a thorough knowledge of the financial and organizational structure of public utility companies to include knowledge of the methods by which financing of major additions and extensions to utility operations is acquired.
(c) A director of economics and planning who holds at least a bachelor's degree in economics and possesses a thorough knowledge of the principles and techniques of economic and financial research and statistical analysis. The director of economics and planning shall have a thorough knowledge of the sources of economic, financial and statistical information and the methods of utilizing these sources, as well as considerable knowledge of capital markets with specific reference to utility financing. This employee shall be experienced in conducting analyses of the utility industry, the economy, cost of money, availability and cost of fuel and energy and other related matters within the authority of the department.
(d) A communications engineer who is a graduate licensed engineer and who has a knowledge of engineering principles as applied to the design, construction, extension and expansion of complex public communications systems with extensive experience in the operation and maintenance of the same, in the application of communications regulations and in the determination of communications rates. The communications engineer shall possess a knowledge of techniques and practices for communications rate analysis and shall have the ability to evaluate same and to formulate accurate conclusions therefrom.
(e) Supportive technical personnel consisting of rate analysts, accountants, inspectors and statisticians as authorized and appropriated by the Legislature.
(f) A general counsel, who shall be a member of The Mississippi Bar, shall have practiced law for a minimum of five (5) years and who shall possess considerable knowledge of utility regulation generally and of the case law, statutory law and the common law relating thereto.
(g) Make studies with respect to standards, regulations, practices or service of any public utility; however, the public utilities staff shall have no duty, responsibility or authority with respect to the enforcement of natural gas pipeline safety law, or the federal railroad safety laws, rules or regulations.
(3) (a) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct an assessment and prepare a report on which positions and functions of the Public Service Commission and the Public Utilities Staff may be combined or eliminated under the Department of Public Utilities. The assessment shall also determine the number of State Personnel Board pins needed to perform the duties of the department.
(b) The report prescribed under this subsection shall be completed by March 15, 2015, and upon completion shall be submitted to the Clerk of the House of Representatives and the Secretary of the Senate to be distributed to members of the Legislature.
This subsection (3) shall stand repealed from and after March 15, 2015.
SECTION 3. Section 77-1-3, Mississippi Code of 1972, is amended as follows:
77-1-3. The * * *
department shall
have a seal, having around the margin the words " * * *Mississippi
Department of Public Utilities," and in the center such device as it
may select. The acts of the * * * department shall be
authenticated by its seal.
SECTION 4. Section 77-1-5, Mississippi Code of 1972, is amended as follows:
77-1-5. The * * *
department shall
keep an office in the City of Jackson, which shall be kept open Monday through
Friday of each week for eight (8) hours each day. * * * The * * *
department shall devote * * * its entire time to the performance
of * * * its
official duties on every business day, except on the legal holidays enumerated
in Section 3-3-7 * * *. However, official acts of the * * *
department done
on legal holidays shall be valid.
The * * * department shall keep regular
minutes of its proceedings, which shall be a public record, and all orders,
findings and acts of the * * * commissiondepartment shall be entered on the minutes.
* * *
SECTION 5. Section 77-1-6, Mississippi Code of 1972, is amended as follows:
77-1-6. There is hereby
established in the State Treasury a special fund to be known as the " * * *Department of
Public Utilities Regulation Fund." Such fund shall be the sole fund
of the * * * department
for all monies collected and deposited to the credit of or appropriated to the * * *
department. The
fund shall be administered as provided in this title and shall be audited
annually by the State Auditor.
SECTION 6. Section 77-1-11, Mississippi Code of 1972, is amended as follows:
77-1-11. (1) It shall be
unlawful for * * * any
employee * * * of the Department of Public
Utilities * * * to
knowingly accept any gift, pass, money, campaign contribution or any emolument
or other pecuniary benefit whatsoever, either directly or indirectly, from any
person interested as owner, agent or representative, or from any person acting
in any respect for such owner, agent or representative of any common or
contract carrier by motor vehicle, telephone company, gas or electric utility
company, or any other public utility that shall come under the jurisdiction or
supervision of the * * * Department of Public Utitlties. Any
person found guilty of violating the provisions of this subsection shall
immediately forfeit his or her office or position and shall be fined not less
than Five Thousand Dollars ($5,000.00), imprisoned in the State Penitentiary
for not less than one (1) year, or both.
(2) It shall be unlawful
for any person interested as owner, agent or representative, or any person
acting in any respect for such owner, agent or representative of any common or
contract carrier by motor vehicle, telephone company, gas or electric utility,
or any other public utility that shall come under the jurisdiction or supervision
of the * * * Department of Public Utilities to offer any
gift, pass, money, campaign contribution or any emolument or other pecuniary
benefit whatsoever to any * * * employee of the * * * Department of
Public Utilities * * *. Any party found guilty of violating the
provisions of this subsection shall be fined not less than Five Thousand Dollars
($5,000.00), or imprisoned in the State Penitentiary for not less than one (1)
year, or both.
(3) For purposes of this
section, the term "emolument" shall include salary, donations,
contributions, loans, stock tips, vacations, trips, honorarium, directorships
or consulting posts. Expenses associated with social occasions afforded public
servants shall not be deemed a gift, emolument or other pecuniary benefit as
defined in Section 25-4-103(k) * * *.
(4) For purposes of this
section, a person who is a member of a water, gas, electric or other
cooperative association regulated by the * * * Department of
Public Utilities shall not, by virtue of such membership, be deemed an
owner, agent or representative of such association unless such person is acting
in any respect for or as an owner, agent or representative of such association;
nor shall a person who owns less than one-half of one percent (1/2 of 1%) in
stock, the value thereof not to exceed Ten Thousand Dollars ($10,000.00), of
any public utility that is regulated by the * * * Department of
Public Utilities, or of any holding company of such public utility, by
virtue of such ownership, be deemed an owner, agent or representative of such
public utility unless such person is acting in any respect for or as an owner,
agent or representative of such public utility.
SECTION 7. Section 77-1-17, Mississippi Code of 1972, is amended as follows:
77-1-17. The * * *
department is
hereby authorized to employ * * * a competent
rate expert at a salary fixed by the * * * department, and an assistant
rate expert at a salary fixed by the * * * department, for the collection
of data and evidence for the use of the state in protecting the interest of the
state involving duties and obligations of all common carriers, all common
carriers by motor vehicle, all restricted common carriers by motor vehicle, and
all contract carriers by motor vehicle, and for the establishment of proof in
litigation now pending or which may hereafter be instituted.
The rate expert and his
assistant shall make all needed investigations affecting rates and rate making
and shall perform such other duties as the * * * department may find necessary
for them to do in the interest of the state.
* * * The duties shall also include the
checking and investigating of the filing of rate schedules with the * * *
department, and
making of reports to the * * * commissiondepartment respecting tariffs filed by any of
the above-mentioned carriers with the * * * department involving the
increase of any rates for movements within the State of Mississippi, and the
general checking and reports to the * * * department affecting any rates
increased from points without the State of Mississippi to points within the
State of Mississippi, and from points in the State of Mississippi to points
without the State of Mississippi. * * * The rate experts may be discharged
by the * * * department
for incompetency or other good cause, but they shall have notice and an
opportunity to be heard in respect to any charge for removal.
SECTION 8. Section 77-1-19, Mississippi Code of 1972, is amended as follows:
77-1-19. The * * *
department is
authorized to employ the following additional employees to carry out and
enforce the provisions of the Motor Carrier Regulatory Law of 1938:
(a) An assistant secretary and two (2) stenographer-clerks;
(b) One (1) combined bookkeeper and stenographer;
(c) One (1)
stenographer competent to serve as a reporter of evidence taken before the * * *
department; and
(d) Twelve (12)
additional employees * * * to perform the
duties of the * * * department
imposed upon it by the provisions of said Motor Carrier Regulatory Law.
SECTION 9. Section 77-1-25, Mississippi Code of 1972, is amended as follows:
77-1-25. No member of the
staff of the * * * Department
of Public Utilities, or any other person, shall use uniforms, material, or
equipment of the * * * department
for private or political purposes. Members of the staff of the * * *
department may be
candidates for political office but must take a leave of absence to do so.
Members of the staff of the * * * department may take part in
political campaigns * * * but may not solicit or
receive campaign contributions from regulated utilities. Anyone violating the
provisions of this section shall be guilty of a misdemeanor and, upon
conviction, shall be punished as provided by law and shall be dismissed from
the staff of the * * *
department.
SECTION 10. Section 77-1-27, Mississippi Code of 1972, is amended as follows:
77-1-27. All * * *
Department of
Public Utilities employees provided for in this chapter, and the reasonable
and necessary expenses of the administration of the duties imposed on the * * *
department by
the Motor Carrier Regulatory Law of 1938, shall be paid out of the
appropriations made to defray the expenses of the * * * department, upon requisitions
and warrants in the same manner provided by law for the disbursements of
appropriations for the * * * commissiondepartment. An itemized account shall be
kept of all receipts and expenditures and shall be reported to the Legislature
by the * * * department.
SECTION 11. Section 77-1-29, Mississippi Code of 1972, is amended as follows:
77-1-29. On or before the
twentieth day of each calendar month, the * * * Department of Public Utilities
shall pay into the State Treasury to the account of the " * * *Department of Public Utilities
Regulation Fund" all monies collected by it during the preceding calendar
month, showing from whom collected, when collected and for what purposes
collected. All disbursements made by the * * * department or from the
regulation fund for any purposes, other than for salaries provided by law,
shall be supported by a detailed and itemized statement approved by the * * *
executive director
for * * * department
disbursements. * * *
SECTION 12. Section 77-1-31, Mississippi Code of 1972, is amended as follows:
77-1-31. The * * *
department shall
keep a docket of petitions and complaints, which shall be entered in regular
order. The docket shall be called at each regular meeting of the * * * department, and the cases thereon
disposed of, or, if necessary, continued until the next meeting.
SECTION 13. Section 77-1-33, Mississippi Code of 1972, is amended as follows:
77-1-33. In any matter of inquiry
pending before the * * *
department or any member thereof, subpoenas for witnesses, and subpoenas
duces tecum, may be issued by the * * * department,
and shall be executed and returned by any sheriff, constable, or marshal, under
the like penalties of law for failure to execute and return the process of the
circuit court. If any person duly summoned to appear and testify before the * * *
department shall fail or refuse to
appear and testify, or to bring and produce, as commanded, any book, paper, or
document, without a lawful excuse, or shall refuse to answer any proper
question propounded to him by the * * * department,
or if any person shall obstruct the * * * department in
the discharge of its duty, or shall conduct himself in a rude,
disrespectful, or disorderly manner before the * * * department deliberating in the
discharge of duty, such witness or person shall be guilty of a misdemeanor,
and, upon conviction, shall be fined not more than One Thousand Dollars
($1,000.00), or be imprisoned in the county jail for a period not exceeding six
(6) months, or both.
SECTION 14. Section 77-1-35, Mississippi Code of 1972, is amended as follows:
77-1-35. The * * *
department may, in the discharge of * * *
its duties,
administer oaths and take affidavits. The * * * department
may examine witnesses under oath in all matters coming before * * *
it. If any person
shall testify falsely, or make any false affidavit or oath before the * * *
department, he shall be guilty of perjury, and,
upon conviction, shall be punished according to law.
SECTION 15. Section 77-1-37, Mississippi Code of 1972, is amended as follows:
77-1-37. Witnesses summoned
to appear before the * * * department shall be entitled to the same per diem and mileage
as witnesses attending the circuit court. Witnesses summoned by the * * *
department on its
behalf shall be paid as are other expenditures of the * * * department, upon the
certificate of the * * * department showing the amount to which such witness may be
entitled. Witnesses summoned for any carrier shall be paid by it.
SECTION 16. Section 77-1-39, Mississippi Code of 1972, is amended as follows:
77-1-39. In all cases where
the testimony of witnesses is given orally before the * * * department any interested
party or the * * * department
shall have the right to have * * * the testimony taken down and
transcribed by a stenographer or court reporter, who is not an employee of the * * *
department, to
be agreed upon by the parties or appointed by the * * * department. The stenographer
or court reporter * * * employed, as authorized under this section, shall be duly
sworn and his or her certificate that the transcript of such evidence is
correct together with the official certificate of * * * the * * * department that he has
read the same and that it is in his opinion correct shall entitle such
transcript or a certified copy thereof to be received in evidence on any appeal
or in any court in this state subject only to any objection that the same is
not relevant or material. The stenographer or court reporter shall be paid in
accordance with the provisions of Section 9-13-33. The * * *
department shall
have the right to require any party demanding an official stenographer to guarantee
or prepay the costs thereof in all proper cases.
SECTION 17. Section 77-1-41, Mississippi Code of 1972, is amended as follows:
77-1-41. All findings of
the * * * department
and the determination of every matter by it shall be made in writing and placed
upon its minutes. Proof thereof shall be made by a copy of the same duly
certified by the * * * department. Whenever any
matter has been determined by the * * * department, in the course of
any proceeding before it the fact of such determination, duly certified, shall
be received in all courts and by every officer in civil cases as prima facie
evidence that such determination was right and proper. The record of the
proceedings of the * * *
department shall be deemed a public record, and shall at all reasonable
times be subject to the inspection of the public.
SECTION 18. Section 77-1-43, Mississippi Code of 1972, is amended as follows:
77-1-43. (1) The * * *
department may
apply to the circuit or chancery court, by proper proceeding, for aid in the
enforcement of obedience to its process, and to compel compliance with the law
and its lawful orders, decisions, and determinations. * * * The courts shall have jurisdiction
to grant aid and relief in such cases, subject to the right of appeal to the
Supreme Court by the party aggrieved. The Attorney General, or district
attorney in his district, shall institute such proceedings in the name of the * * *
department.
(2) Any action for
violation of the law, or for the violation of any lawful rule, regulation or
order of the * * *
department may be instituted by the * * * department or by the Attorney
General in any court of competent jurisdiction.
(3) The remedies given by
this chapter against all carriers under the supervision of the * * *
department, are
cumulative to those now in existence by law.
SECTION 19. Section 77-1-47, Mississippi Code of 1972, is amended as follows:
77-1-47. Appeals from any
final finding, order or judgment of the * * * department shall be taken and
perfected by the filing of a bond in the sum of Five Hundred Dollars ($500.00)
with two (2) sureties, or with a surety company qualified to do business in
Mississippi as the surety, conditioned to pay the cost of such appeal. * * *
The bond shall be
approved by the * * * department, or by the judge of the court to
which such appeal is taken in case the * * * department
refuses to approve a proper bond tendered to them within the time limited for
taking appeals. The * * *
department may grant a supersedeas bond on any appeal, in such penalty and
with such surety thereon as it may deem sufficient, and may, during the
pendency of any appeal, at any time, require the increase of any such
supersedeas bond or additional securities thereon. The judge of the Circuit
Court of Hinds County may on petition therefor by any party entitled to an
appeal, presented to him within six (6) months of the date of the final
finding, order, or judgment of the * * * department appealed from,
award a writ of supersedeas to any such final finding, order, or judgment of
the * * * department,
upon the filing of a supersedeas bond in an amount to be fixed by * * *
the judge. All appeal
bonds for the payment of costs, and all supersedeas bonds, shall be made
payable to the state and may be enforced in the name of the state by motion or
other legal proceedings or remedy in any circuit court of this state having
jurisdiction of a motion or action on such bond, and the process and
proceedings thereon shall be as provided by law upon bonds of like character
required and taken by any court of this state. Such circuit court may render
and enter like judgments upon such bonds as may, by law, be rendered and
entered upon bonds of like character, and process of execution shall issue upon
such judgments, and may be levied and executed as provided by law in other
cases.
SECTION 20. Section 77-1-49, Mississippi Code of 1972, is amended as follows:
77-1-49. The * * *
department shall
make a report every year to the Legislature of all its acts and doings for the
preceding fiscal year.
SECTION 21. Section 77-1-51, Mississippi Code of 1972, is amended as follows:
77-1-51. Sections * * *
77-1-3
through 77-1-49, Mississippi Code of 1972, which * * * provides for the * * *
Department
of Public Utilities and prescribes its powers and duties, shall
stand repealed as of December 31, 2016.
SECTION 22. Section 77-1-53, Mississippi Code of 1972, is amended as follows:
77-1-53. (1) Whenever * * *
an employee of the
Department of Public Utilities has reason to believe that a willful and
knowing violation of any statute administered by the * * * department or any regulation
or any order of the * * *
department has occurred, the * * * department may cause a written
complaint to be served upon the alleged violator or violators. The complaint
shall specify the provisions of such statute, regulation or order alleged to be
violated and the facts alleged to constitute a violation thereof and shall
require that the alleged violator appear before the * * * department at a time and
place specified in the notice and answer the charges complained of. The time
of appearance before the * * * commissiondepartment shall not be less than twenty (20)
days from the date of the service of the complaint, unless the * * *
department finds
that the public convenience or necessity requires that such hearing be held at
an earlier date.
(2) The * * *
department shall
afford an opportunity for a fair hearing to the alleged violator or violators
at the time and place specified in the complaint. On the basis of the evidence
produced at the hearing, the * * * department shall make findings
of fact and conclusions of law and enter its order, which in its opinion will
be in the best interests of the consuming public. Failure to appear at any
such hearing, without prior authorization to do so from the * * *
department, may
result in the * * *
department finding the alleged violator guilty of the charges complained of
by default, and at such time an order may be entered, including the assessment
of a penalty. The * * *
department shall give written notice of such order to the alleged violator
and to such other persons as shall have appeared at the hearing or made written
request for notice of the order. The * * * department may assess such
penalties as provided in subsection (3) of this section.
(3) Any person found by the * * *
department,
pursuant to a hearing or by default as provided in this section, violating any
statute administered by the * * * department, or any regulation
or order of the * * * department in pursuance thereof, shall be subject to a civil
penalty of not more than Five Thousand Dollars ($5,000.00) for each violation,
to be assessed and collected by the * * * department. Each day that a
violation continues shall constitute a separate violation. In lieu of, or in
addition to, the monetary penalty, the * * * department, for any violation
by a certificate holder, may impose a penalty in accordance with Section 77-3-21, * * *
if it
finds that the violator is not rendering reasonably adequate service. Appeals
from the imposition of the civil penalty may be taken to the Circuit Court of
the First Judicial District of Hinds County in the same manner as appeals from
orders of the * * * department
constituting judicial findings.
(4) All penalties collected
by the * * * department
under this section shall be deposited in the * * * Department of
Public Utilities Regulation Fund.
(5) No portion of any
penalty or costs associated with an administrative or court proceeding which
results in the assessment of a penalty against a public utility for violation
of any statute administered by the * * * department, or any regulation
or order of the * * * department
shall be considered by the * * * department in fixing any
rates or charges of such public utility.
(6) This section shall be
in addition to any other law which provides for the imposition of penalties for
the violation of any statute administered by the * * * department or any regulation
or order of the * * * department.
SECTION 23. Section 77-1-55, Mississippi Code of 1972, is amended as follows:
77-1-55. (1) The * * *
Department of Public
Utilities shall have the power to monitor, investigate, and
seek relief in any appropriate federal forum from all existing or proposed
interstate rates, charges, allocations and classifications, and all rules and
practices in relation thereto promulgated and prescribed by or for any public
utility as defined in Section 77-3-3(d)(i).
(2) The * * *
department may
seek relief from any proposed or final decision, order, regulation, rule or law
that has an impact on any existing or proposed interstate rate, charge,
allocation or classification.
(3) For the purpose of this
section, the * * * Executive Director of the Department of
Public Utilities * * * may * * *
enter into professional services contracts with one or more attorneys or
consultants from a competent, qualified and independent firm as may be required
by the * * * department. Costs associated with the
professional service contracts shall not exceed One Million Five Hundred
Thousand Dollars ($1,500,000.00) for * * * the department with respect
to each rate regulated affected utility in any twelve-month period. The
consultants or counsel shall submit periodically, but no less frequently than
once each calendar quarter, to the * * * department,
as applicable, for approval of payment, itemized bills detailing the work
performed. The executive director * * * shall
requisition the applicable public utility to make the requisite payments to
such consultants. The * * * commissiondepartment shall allow the utility to recover
both the total costs the utility incurred under this section and the carrying
charges for those costs through a rate rider established to recover the costs
incurred and carrying charges incurred. Such rider shall include a true-up
provision to ensure actual recovery of costs paid or otherwise incurred by the
utility.
(4) This section shall stand repealed from and after July 1, 2016.
SECTION 24. Section 77-2-3, Mississippi Code of 1972, is amended as follows:
77-2-3. (1) The * * *
staff
of the Department of Public Utilities shall have and possess all of the
rights and powers to perform all of the duties vested by this chapter.
(2) The functions of the * * *
department shall be regulatory and quasi-judicial
in nature. It may make such investigations and determinations, hold such
hearings, prescribe such rules and issue such orders with respect to the
control and conduct of the businesses coming within its jurisdiction. It may
adjudicate all proceedings brought before it in which the violation of any law
or rule administered by the * * * department is alleged.
* * *
SECTION 25. Section 77-2-5, Mississippi Code of 1972, is amended as follows:
77-2-5. For purposes of this chapter, the terms defined in this section shall have the meaning ascribed as follows:
(a) "Regulatory function" means all duties and procedures concerning the execution and enforcement of the laws, rules, orders, directives, duties and obligations imposed for the control and government of the persons or businesses regulated, together with investigative activities incident thereto and procedures inherently administrative or executive in character.
(b) "Quasi-judicial function" means the promulgation of all orders and directives of particular applicability governing the conduct of the regulated persons or businesses, together with procedures inherently judicial.
(c) * * *
"Department" means the Department
of Public Utilities.
(d) "Public
utilities staff" means those persons employed by the * * *
Department of Public Utilities.
* * *
SECTION 26. Section 77-3-37, Mississippi Code of 1972, is amended as follows:
77-3-37. (1) No public
utility shall make any change in any rate which has been duly established under
this chapter, except as provided in this chapter. A public utility seeking a
change in any rate or rates shall file with the * * * commission a notice of intent to
change rates. The commission may promulgate rules and regulations providing
for notice to customers of the filing by any public utility for a rate
increase. Routine changes in rates and schedules that do not involve any
substantial revenue adjustment may go into effect after thirty (30) days'
notice to the commission or after such shorter period of notice as the
commission, for good cause shown, may allow. In all other cases, the notice of
intent shall contain a statement of the changes proposed to be made in the
rates then in force, the new level of revenues sought, the reasons for the
proposed changes and the date proposed for such changes to become effective,
which date shall not be less than thirty (30) days after the date of filing.
The proposed changes may be shown by filing new schedules, by plainly
indicating the changes upon schedules filed and in force at the time and kept
open to public inspection or by such other manner as will clearly indicate the
rates to be changed and the rates proposed. All direct testimony, exhibits and
other information which any utility will rely upon in support of the proposed
changes shall be filed concurrently with the filing of the notice of intent.
Such other data or documentation as the commission shall request shall be
supplied by such utility.
(2) The commission shall establish by rule and regulation a standard requirement list of documentation to be filed with or to be included in every notice of intent. With respect to any notice of intent involving a major change in rates as defined in subsection (8) of this section, the standard requirement list in each case shall include:
(a) A copy of its charter or articles of incorporation, if not already on file with the commission;
(b) A schedule of the present rates, fares, tolls, charges or rentals in effect, and the changes it is desired to make;
(c) A balance sheet of the utility prepared as of the last day of the latest month in which data shall be readily available;
(d) An actual operating statement setting forth revenue and expenses by account numbers for the twelve (12) months ending as the date of the balance sheet applicable to the utility filing the notice of intent;
(e) A pro forma operating statement in the same form as the actual operating statement showing estimate of revenue and expenses for the twelve-month period beginning with the effective date of the changed rates (i) without giving effect to the changed rates and (ii) giving effect to the changed rates;
(f) A pro forma operating statement in the same form as the actual operating statement for the same period giving effect to the proposed changes in rates and adjusted for known changes in the cost of operations;
(g) A statement showing the number of stations or customers by classes affected by the proposed changes in rates, the actual revenue under the old rates arising from each class and the annual amount of the proposed increase or decrease applicable to each class;
(h) A description of the utility's property, including a statement of the original cost of the property and the cost to the utility;
(i) A statement in full of the reasons why the change in rates is desired so that the commission may clearly see the justification therefor;
(j) The amount and kinds of stock authorized;
(k) The amount and kinds of stock issued and outstanding;
(l) The number and amount of bonds authorized and the number and amount issued;
(m) The rate and amount of dividends paid during the five (5) previous fiscal years, and the amount of capital stock on which dividends were paid each year;
(n) An analysis of surplus covering the period from the close of the last calendar year for which an annual report has been filed with the commission to the date of the balance sheet attached to the notice.
(3) The commission may, by rule and regulation, require the utility filing a notice of intent to change rates to supplement the above data with such other information as the commission or public utilities staff may reasonably request.
(4) Unless the commission, upon application by a utility and for good cause shown, shall enter an order waiving one or more of the following requirements, then whenever a public utility files a notice of intent wherein an increase in the level of annual revenues in the amount of at least Fifteen Million Dollars ($15,000,000.00) is sought, the standard requirement list of documentation shall include:
(a) Guidelines or directives as to the public utility's presentation provided by a controlling affiliate, parent or holding company;
(b) Marginal cost data;
(c) Alternate rate design;
(d) Conservation effectiveness;
(e) A properly prepared, complete, detailed lead-lag study for the test year for the total company, Mississippi retail, other retail jurisdictions and Federal Energy Regulatory Commission wholesale rates in support of the public utility's total working capital requirement contained therein, including all working papers in support thereof;
(f) Direct testimony proposed to be offered at a hearing.
(5) The notice of intent for major changes in rates as defined in subsection (8) of this section shall state the test period adopted by the public utility in support of its proposed rate changes, which may be a twelve-month period beginning with the proposed effective date of the rates proposed in the notice. For the purpose of expediting the regulatory process, all public utilities shall keep the commission advised of their plans or needs for future requests for major rate changes.
(6) Within five (5) days after the notice of intent has been filed, the utility shall serve a copy of the notice of intent without documentation on all parties of record in its last proceeding in which a major change in rates was sought, and shall file a certificate of service with the commission. Thereafter, a copy of all material filed by the utility shall be furnished by the utility to those persons as may be provided for by the commission's rules and regulations.
(7) (a) When the rates in a notice of intent are suspended by commission order, the commission may issue a scheduling order which establishes deadlines for submitting data requests, responding to data requests, conducting prehearing conferences and hearings and disposing of other matters necessary for the orderly disposition of the case.
(b) The public utilities staff and all intervenors or protestants shall file all direct testimony, exhibits and other information which is to be relied upon regarding the proposed changes within eighty (80) days from the filing of such notice of intent. At the time of filing direct testimony, exhibits and other information, each party filing such documents shall serve copies of the documentation on all other parties of record and shall file a certificate of service with the commission.
(8) The commission, for good cause shown, may, except in the case of major changes, allow changes in rates to take effect at the end of thirty (30) days from the date of the filing and the notice of intent, or on the effective date set out in the notice, without requiring any further proceedings, under such conditions as it may prescribe. All such changes shall be immediately indicated by such public utility upon its schedules. "Major changes" means (a) an increase in rates which would increase the annual revenues of such public utility more than the greater of One Hundred Thousand Dollars ($100,000.00) or two percent (2%), but shall not include changes in rates allowed to go into effect by the commission or made by the public utility pursuant to an order of the commission after hearings held upon notice to the public, or (b) a change in the rate design which has a significant impact on a class or classes of ratepayers.
(9) For all major changes
in rates and schedules as defined in subsection (8) of this section, a public
utility as defined in Section 77-3-3(d)(iv) shall provide, not later than
twenty (20) days after filing the notice of intent to change rates, notice of
such proposed change within each affected customer's bill or invoice and in a
newspaper having general circulation in the area where service is being
provided by the public utility. The notice shall state the date on which the
notice of intent was filed with the commission and shall include a financial
impact statement showing the average amount of increase to customers by class
and usage. The filing public utility shall file a copy of the notice, along
with a certificate with the * * * commission verifying
that notice to each of the utility's affected customers was provided in a
timely manner.
SECTION 27. Section 77-3-87, Mississippi Code of 1972, is amended as follows:
77-3-87. All reasonable and
necessary expenses of the administration of the duties imposed on the Public
Utilities Staff and on the commission by Title 77, Mississippi Code of 1972,
excluding the reasonable and necessary expenses of the administration and
enforcement by the commission of the laws of this state pursuant to Chapters 7
and 9 of Title 77, Mississippi Code of 1972, shall be provided as follows:
There is hereby levied a tax upon (a) all utilities, the rates of which are
subject to regulation by the provisions of this chapter and upon (b) all
utilities not subject to such rate regulation which furnish to the ultimate
consumer utility services of the type described by subparagraph (i) of
paragraph (d) of Section 77-3-3 and otherwise subject to regulation by the
provisions of this chapter, such levy to be effective on the first day of each
year and to be calculated as follows: The rate of the tax shall be one hundred
sixty-four thousandths of one percent (164/1000 of 1%) per year, of the gross
revenues from the intrastate operations of the utilities taxed under this
section. The rate of the tax for electric power associations and rural
electrification authorities shall be ninety thousandths of one percent (90/1000
of 1%) per year of the gross revenues from the intrastate operations of
electric power associations and rural electrification authorities taxed under
this section. The sum of all taxes levied by this section shall not exceed the
total legislative appropriation of monies from the "Public Utilities Staff
Regulation Fund" * * * for the
ensuing fiscal year. The commission * * * shall
certify to the * * * Department of Revenue the amount of
legislative appropriations of monies for the regulation of utilities. The * * *
Department
of Revenue shall adjust the tax rates on a pro rata basis to generate the
necessary revenues established by such legislative appropriations. Each
utility which is subject to the tax levied by this section shall file a
statement of its gross revenue by April 1 of each year showing the gross
revenue for the preceding year's operation. These statements of gross revenue
shall be filed with the * * * State Tax CommissionDepartment of Revenue on forms
prescribed and furnished by the * * * Department of Revenue.
The * * * Department of Revenue shall file a copy of these statements
of gross revenue with * * * the commission. The * * *
Department
of Revenue shall calculate the amount of tax to be paid by each of the
utilities and shall submit a statement thereof to the respective utilities, and
the amount shown due in the statements to the utilities shall be paid by them
within thirty (30) days thereafter to the * * * Department of Revenue.
The * * * Department of Revenue shall furnish * * *
the
commission with an itemized list showing gross and net revenues, assessments,
tax collections and other related information for the respective utilities.
The * * * Department of Revenue shall pay these funds into
the State Treasury on the same day collected to the credit of the "Public
Utilities Staff Regulation Fund" * * * in the proportion that the legislative appropriation of
monies from * * * the
fund for the regulation of utilities for the ensuing fiscal year bears to the
total legislative appropriation of monies from * * * the fund for the
regulation of utilities for the ensuing fiscal year.
All administrative
provisions of the Mississippi Sales Tax Law, including those which fix damages,
penalties and interest for nonpayment of taxes and for noncompliance with the
provisions of such chapter, and all other duties and requirements imposed upon
taxpayers, shall apply to all persons liable for taxes under the provisions of
this chapter, and the * * * Commissioner
of the Department of Revenue shall exercise all the power and authority
and perform all the duties with respect to taxpayers under this chapter as are
provided in the Mississippi Sales Tax Law except where there is a conflict,
then the provisions of this chapter shall control. The term "gross
revenue" as used in this section is the total amount of all revenue
derived by each of the utilities from its intrastate operations, which are
subject to rate regulation under the provisions of this chapter or which
constitute utility services of the type described by subparagraph (i) of
paragraph (d) of Section 77-3-3 and which are regulated by this chapter and
furnished to ultimate consumers. The * * * Department of Revenue
is hereby authorized to use all tax returns of any utilities available to it
and to make audits as may be deemed necessary of all records of utilities in
order to correctly determine the amount of such gross revenue.
All proceeds of the above-mentioned
tax are hereby allocated * * * to the Public Utilities Staff andto the commission in the
manner provided in this section for the purpose of this chapter.
Each utility subject to the
provisions of this section shall be allowed to recover, through the use of a
rate adjustment clause or rider, the total amount of taxes paid by the utility
pursuant to this section for the reasonable and necessary expenses of the
commission * * *.
SECTION 28. Section 77-3-89, Mississippi Code of 1972, is amended as follows:
77-3-89. It shall be the duty of the State Auditor to advise the commission of the amount of money on hand in the "Public Service Commission Regulation Fund" from time to time. All expenses of the commission authorized by this article, or any other act of the Legislature, shall be paid by the State Treasurer upon warrants issued by the State Fiscal Officer, which warrants shall be issued upon requisition signed by the chairman of the commission and countersigned by one (1) of the commissioners. Said requisition shall show upon its face the purpose for which the payment is being made by reference to the minute book in which such payment was authorized. It shall be unlawful for any person to withdraw any money from said fund other than by requisition issued as herein provided. A record of all requisitions issued by the commission showing to whom, for what purpose, and date issued, shall be placed upon the minute books of the commission and shall become a part of the official record of the commission.
The books and accounts of the commission shall be audited at the end of each fiscal year, and at any other time deemed necessary, by the State Auditor and a copy of such audits shall be furnished to the Governor and the commission. The State Auditor may prescribe such further accounting procedure as he deems necessary for the withdrawal of funds by the commission from said special fund. All requisitions drawn in compliance with this article shall be honored by the State Auditor and the funds disbursed in accordance therewith. The commission shall file a report at each regular session of the Legislature showing the expenditure of all funds by the commission.
* * *
SECTION 29. Section 77-3-509, Mississippi Code of 1972, is amended as follows:
77-3-509. (1) On * * * January 1, 2016, the * * *
Executive Director of the Department of Public Utilities shall appoint an
advisory committee to monitor the statewide telecommunications relay access
service and advise and make recommendations to the * * * department in
pursuing services which meet the needs of the hearing or speech impaired and
others similarly impaired in communicating with other users of
telecommunications services.
(2) The advisory committee shall be composed of:
(a) One (1) deaf person recommended by the Mississippi Association of the Deaf;
(b) One (1) speech or hearing impaired person recommended by the Mississippi Association for Retired Persons;
(c) One (1) person recommended by the Coalition of Citizens with Disabilities;
(d) One (1) representative of telecommunications utilities chosen from a list of candidates provided by the Mississippi/Alabama Telephone Association;
(e) One (1) representative of the Mississippi Speech and Hearing Association;
(f) One (1) representative of the Veterans Administration;
(g) One (1) representative from Vocational Rehabilitation Deaf Services;
(h) One (1) hearing impaired representative of the Mississippi School for the Deaf;
(i) Two (2) representatives
chosen from the * * * Department of Public Utilities' staff
and employees;
(j) One (1) person appointed by the Speaker of the House of Representatives;
(k) One (1) person appointed by the Lieutenant Governor of the Senate;
(l) One (1) representative from the provider of the DPR service; and
(m) Three (3) "at large" individuals who have particular skills, knowledge, experience or ability but who are not necessarily speech or hearing impaired or otherwise affiliated with an organization serving the speech or hearing impaired.
The * * * executive director, in * * *
his or her discretion,
may name a successor or similar organization to be represented on the committee
if an organization or agency named in this subsection ceases to exist.
(3) The committee shall be appointed based on candidate names submitted by the recommending agency or organization. Each member of the advisory committee shall serve for a term of two (2) years. A member whose term has expired shall continue to serve until a qualified replacement is appointed. The members of the advisory committee shall serve without compensation but shall be entitled to reimbursement for travel and expenses incurred in the performance of their official duties and per diem, which shall be paid out of the trust fund on the same basis established for state employees.
SECTION 30. Section 19-5-333, Mississippi Code of 1972, is amended as follows:
19-5-333. (1) There is created a Commercial Mobile Radio Service (CMRS) Board, consisting of eight (8) members to be appointed by the Governor with the advice and consent of the Senate. The members of the board shall be appointed as follows:
(a) One (1) member * * *
selected from two (2) nominees submitted to the Governor by the Mississippi 911
Coordinators Association;
(b) One (1) member * * *
selected from two (2) nominees submitted to the Governor by
the Mississippi Chapter of the Association of Public Safety Communication
Officers;
(c) One (1) member * * * selected from two (2) nominees
submitted to the Governor by the National Emergency Numbering Association;
(d) Two (2) members who are wireless provider representatives;
(e) One (1) member who is a consumer representing the state at large with no affiliation to the three (3) trade associations or the wireless providers;
(f) One (1) member who is a member of the Mississippi Law Enforcement Officers Association selected from two (2) nominees submitted to the Governor by the association; and
(g) One (1) member who is a member of the Mississippi Association of Supervisors selected from two (2) nominees submitted to the Governor by the association.
The initial terms of the board members, as appointed after July 1, 2002, shall be staggered as follows: the members appointed under paragraph (d) shall serve a term of two (2) years; the member appointed under paragraph (e) shall serve a term of one (1) year. After the expiration of the initial terms, the term for all members shall be four (4) years.
(2) The board shall have the following powers and duties:
(a) To collect and distribute a CMRS emergency telephone service charge on each CMRS customer whose place of primary use is within the state. The rate of such CMRS service charge shall be One Dollar ($1.00) per month per CMRS connection. In the case of prepaid wireless service, the rate and methodology for collecting and remitting the 911 charge is governed by Section 19-5-343. The CMRS service charge shall have uniform application and shall be imposed throughout the state. The board is authorized to receive all revenues derived from the CMRS service charge levied on CMRS connections in the state and collected pursuant to Section 19-5-335.
(b) To establish and maintain the CMRS Fund as an insured, interest-bearing account into which the board shall deposit all revenues derived from the CMRS service charge levied on CMRS connections in the state and collected pursuant to Section 19-5-335. The revenues which are deposited into the CMRS Fund shall not be monies or property of the state and shall not be subject to appropriation by the Legislature. Interest derived from the CMRS Fund shall be divided equally to pay reasonable costs incurred by providers in compliance with the requirements of Sections 19-5-331 through 19-5-341 and to compensate those persons, parties or firms employed by the CMRS Board as contemplated in paragraph (d) of this subsection. The interest income is not subject to the two percent (2%) cap on administrative spending established in Section 19-5-335(3).
(c) To establish a distribution formula by which the board will make disbursements of the CMRS service charge in the following amounts and in the following manner:
(i) Out of the funds collected by the board, thirty percent (30%) shall be deposited into the CMRS Fund, and shall be used to defray the administrative expenses of the board in accordance with Section 19-5-335(3) and to pay the actual costs incurred by such CMRS providers in complying with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, including, but not limited to, costs and expenses incurred for designing, upgrading, purchasing, leasing, programming, installing, testing or maintaining all necessary data, hardware and software required in order to provide such service as well as the incremental costs of operating such service. Sworn invoices must be presented to the board in connection with any request for payment and approved by a majority vote of the board prior to any such disbursement, which approval shall not be withheld or delayed unreasonably. In no event shall any invoice for payment be approved for the payment of costs that are not related to compliance with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the FCC pursuant to the FCC Order, and any rules and regulations which may be adopted by the FCC with respect to implementation of wireless E911 services.
(ii) The remainder of all funds collected by the board, which shall not be less than seventy percent (70%) of the total funds collected by the board, shall be distributed by the board monthly based on the number of CMRS connections in each ECD for use in providing wireless E911 service, including capital improvements, and in their normal operations. For purposes of distributing the funds to each ECD, every CMRS provider shall identify to the CMRS Board the ECD to which funds should be remitted based on zip code plus four (4) designation, as required by the federal Uniform Sourcing Act.
An ECD board that has within its jurisdiction zip code designations that do not adhere to county lines shall assist CMRS providers in determining the appropriate county to which funds should be distributed.
(d) To contract for the services of accountants, attorneys, consultants, engineers and any other persons, firms or parties the board deems necessary to effectuate the purposes of Sections 19-5-331 through 19-5-341.
(e) To obtain from an independent, third-party auditor retained by the board annual reports to the board no later than sixty (60) days after the close of each fiscal year, which shall provide an accounting for all CMRS service charges deposited into the CMRS Fund during the preceding fiscal year and all disbursements to ECDs during the preceding fiscal year. The board shall provide a copy of the annual reports to the Chairmen of the Public Utilities Committees of the House of Representatives and Senate.
(f) To retain an independent, third-party accountant who shall audit CMRS providers at the discretion of the CMRS Board to verify the accuracy of each CMRS providers' service charge collection. The information obtained by the audits shall be used solely for the purpose of verifying that CMRS providers accurately are collecting and remitting the CMRS service charge and may be used for any legal action initiated by the board against CMRS providers.
(g) To levy interest charges at the legal rate of interest established in Section 75-17-1 on any amount due and outstanding from any CMRS provider who fails to remit service charges in accordance with Section 19-5-335(1).
(h) To promulgate such rules and regulations as may be necessary to effect the provisions of Sections 19-5-331 through 19-5-341.
(i) To make the determinations and disbursements as provided by Section 19-5-333(2)(c).
(j) To maintain a registration database of all CMRS providers and to impose an administrative fine on any provider that fails to comply with the registration requirements in Section 19-5-335.
(3) The CMRS service charge provided in subsection (2)(a) of this section and the service charge provided in Section 19-5-357 to fund the training of public safety telecommunicators shall be the only charges assessed to CMRS customers relating to emergency telephone services.
(4) The board shall serve
without compensation; however, members of the board shall be entitled to be
reimbursed for actual expenses and travel costs associated with their service
in an amount not to exceed the reimbursement authorized for state officers and
employees in Section 25-3-41 * * *.
(5) It is the Legislature's intent to ensure that the State of Mississippi shall be Phase I compliant by July 1, 2005. For purposes of this subsection, Phase I compliant means the mandate by the FCC that requires any carrier when responding to a PSAP to define and deliver data related to the cell site location and the caller's call-back number.
SECTION 31. Section 23-15-193, Mississippi Code of 1972, is amended as follows:
23-15-193. At the election
in 1995, and every four (4) years thereafter, there shall be elected a
Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts,
State Treasurer, Attorney General, * * * three
(3) Mississippi Transportation Commissioners, Commissioner of Insurance,
Commissioner of Agriculture and Commerce, Senators and members of the House of
Representatives in the Legislature, district attorneys for the several
districts, clerks of the circuit and chancery courts of the several counties,
as well as sheriffs, coroners, assessors, surveyors and members of the boards
of supervisors, justice court judges and constables, and all other officers to
be elected by the people at the general state election. All such officers
shall hold their offices for a term of four (4) years, and until their
successors are elected and qualified. The state officers shall be elected in
the manner prescribed in Section 140 of the Constitution.
SECTION 32. Section 23-15-297, Mississippi Code of 1972, is amended as follows:
23-15-297. All candidates upon entering the race for party nominations for office shall first pay to the proper officer as provided for in Section 23-15-299 for each primary election the following amounts:
(a) Candidates for Governor not to exceed Three Hundred Dollars ($300.00).
(b) Candidates for
Lieutenant Governor, Attorney General, Secretary of State, State Treasurer,
Auditor of Public Accounts, Commissioner of Insurance, Commissioner of
Agriculture and Commerce * * * ,and State Highway Commissioner * * *, not to
exceed Two Hundred Dollars ($200.00).
(c) Candidates for district attorney, not to exceed One Hundred Dollars ($100.00).
(d) Candidates for State Senator, State Representative, sheriff, chancery clerk, circuit clerk, tax assessor, tax collector, county attorney, county superintendent of education and board of supervisors, not to exceed Fifteen Dollars ($15.00).
(e) Candidates for county surveyor, county coroner, justice court judge and constable, not to exceed Ten Dollars ($10.00).
(f) Candidates for United States Senator, not to exceed Three Hundred Dollars ($300.00).
(g) Candidates for United States Representative, not to exceed Two Hundred Dollars ($200.00).
SECTION 33. Section 25-1-13, Mississippi Code of 1972, is amended as follows:
25-1-13. The state officials hereinafter named shall give bond in the penalty specified for each, with surety by one or more guaranty or surety companies authorized to do business in the state. Said bonds shall be approved by the Governor and Commissioner of Insurance and, when so approved, shall be filed and recorded in the Office of the Secretary of State.
The bond of the Auditor of
Public Accounts shall be for Thirty Thousand Dollars ($30,000.00); the State
Treasurer, One Hundred Thousand Dollars ($100,000.00); the Land Commissioner,
Fifteen Thousand Dollars ($15,000.00); * * * director of the feed and fertilizer division,
Department of Agriculture and Commerce, Ten Thousand Dollars ($10,000.00);
assistant Secretary of State, Five Thousand Dollars ($5,000.00); State
Forester, Five Thousand Dollars ($5,000.00); sergeant of the guard of the
Penitentiary, One Thousand Dollars ($1,000.00); dispatch sergeant of the State
Penitentiary, One Thousand Dollars ($1,000.00).
The official bonds of all other state officers shall continue and remain as to amounts thereof as now fixed elsewhere by law, but said bonds shall be subject to the provisions stated herein for sureties, approval, filing, and premium payment unless otherwise specifically provided.
Premiums paid on all bonds under the provisions of this section shall be paid out of the State Treasury upon warrant of the Auditor, which shall be issued upon the approval of the bonds as herein provided; provided, however, that the said premiums shall be at the lowest rate obtainable. If from any cause such guaranty or surety bond or bonds cannot be obtained, in whole or in part, because of refusal of said guaranty or surety companies, at a reasonable rate in the judgment of the Insurance Commissioner or for other cause, to make such bond or bonds, upon certificate of the Commissioner of Insurance to that effect, the officer or officers having thus been unable to make a bond or bonds may make such bond with personal or individual surety in the required penalty, to be approved by the Governor and filed and recorded as directed herein, together with the certificate of the Commissioner of Insurance attached to the bond.
SECTION 34. Section 25-3-31, Mississippi Code of 1972, is amended as follows:
25-3-31. The annual salaries of the following elected state and district officers are fixed as follows:
Governor..................................... $122,160.00
Attorney General............................. 108,960.00
Secretary of State........................... 90,000.00
Commissioner of Insurance.................... 90,000.00
State Treasurer.............................. 90,000.00
State Auditor of Public Accounts............. 90,000.00
Commissioner of Agriculture and Commerce..... 90,000.00
Transportation Commissioners................. 78,000.00
* * *
If the person serving as Governor on December 31, 2003, is reelected to the Office of Governor for the term beginning in the year 2004, he may choose not to receive the salary increase authorized by this section, but to receive, instead, an annual salary of One Hundred One Thousand Eight Hundred Dollars ($101,800.00) during his new term of office by filing a written request with the Department of Finance and Administration.
SECTION 35. (1) In addition to any appropriation the Department of Public Utilities receives, the Legislature shall also appropriate each fiscal year to the department the cost savings of combining the Public Service Commission and the Public Utilities Staff, as authorized under this act until the "financial costs," as defined under Section 77-3-111 the Mississippi Public Utility Rate Mitigation and Reduction Act, are paid in full.
(2) The appropriated cost savings, as described under subsection (1) of this section, shall be utilized solely by the department to pay the financial costs as required in this section.
SECTION 36. Section 77-3-115, Mississippi Code of 1972, is amended as follows:
77-3-115. (1) Proceedings on a petition submitted pursuant to Section 77-3-113 shall be disposed of in accordance with the provisions of Section 77-3-47 and applicable commission procedural rules, except that the provisions of this Section 77-3-115, to the extent applicable, shall control.
(2) Within seven (7) days after the filing of a petition, the commission shall issue a scheduling order, which sets a hearing date and provides for a decision on the issuance of a financing order not more than one hundred twenty (120) days after the date the petition is filed.
(3) When deemed necessary by the Executive Director of the Public Utilities Staff, the staff shall conduct an independent investigation as to the electric public utility's petition for a financing order subject to and within the time limitations prescribed in this article.
(4) Not more than one hundred twenty (120) days after the date the petition is filed, the commission shall issue a financing order or an order denying the petition.
(5) Any party to the commission proceeding may petition the commission for reconsideration of an order granting or denying a petition for the issuance of a financing order not more than seven (7) days after the date the order is issued. The commission shall rule on the petition for reconsideration not more than fourteen (14) days after the filing of such petition. A failure by the commission to act upon such petition for reconsideration within the specified time period shall be deemed a denial of the petition for reconsideration, and the order of the commission granting or denying a petition for the issuance of a financing order shall be deemed final.
(6) Any judicial review
shall be as provided in Section 77-3-72 * * *. If an
appeal of an order granting or denying a petition for the issuance of a
financing order is perfected pursuant to the procedure provided above, the
electric public utility shall be authorized to establish a regulatory asset for
the purpose of deferring a return on the qualifying facility cost intended to
be financed by the rate reduction bond proceeds equal to the utility's
weighted average cost of capital until such time as there is a final financing
order for which the time for all appeals has expired. A financing order shall
provide that any and all deferred return of the electric public utility during
the pendency of an appeal may be financed as qualifying costs pursuant to the
provisions of this article.
(7) The filing of a petition by an electric public utility, the issuance of a financing order, the issuance of rate reduction bonds and the implementation or adjustment of a rate reduction bond charge under this article shall not constitute a change in rates pursuant to Section 77-3-37 or 77-3-39.
SECTION 37. Section 77-1-21, Mississippi Code of 1972, is brought forward as follows:
77-1-21. (1) For the purpose of enforcing the provisions of the Mississippi Motor Carrier Regulatory Law of 1938, the Mississippi Department of Transportation is authorized to employ, in addition to personnel already employed by the department, one (1) chief enforcement officer and twenty-one (21) inspectors, who shall be under the management of the department. The chief enforcement officer and the inspectors shall devote their full time to the performance of their duties and shall take an oath faithfully to perform the duties of their position. The department shall require bonds to be carried on such employees as the department may deem necessary, the cost thereof to be paid by the department. The chief enforcement officer and inspectors shall be qualified by experience and training in law enforcement or investigative work, and shall attend and satisfactorily complete an appropriate course of instruction established by the Commissioner of Public Safety at the Law Enforcement Officers Training Academy. The chief enforcement officer and the inspectors referred to in this section shall be selected after an examination as to physical and mental fitness. Such employees shall be citizens of the United States and the State of Mississippi, and of good moral character. All such members of staff shall be appointed by the Mississippi Department of Transportation and shall be subject to removal at any time by the department.
(2) The Public Service Commission shall transfer all employees, equipment, inventory and resources of the commission employed and used to enforce the Motor Carrier Regulatory Law of 1938 to the Mississippi Department of Transportation on July 1, 2004. The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement. The transfer also shall include direct support, clerical, data processing and communications positions allocated to that law enforcement.
(3) The Public Service Commission shall transfer to the Mississippi Department of Transportation each year the amount of funds necessary to support the law enforcement functions being performed for the commission by the department, as specified in the appropriation bill for the Public Service Commission.
(4) Any reference in any statute, rule or regulation to law enforcement duties being performed by the Public Service Commission shall be construed to mean law enforcement duties being performed for the commission by the Mississippi Department of Transportation.
SECTION 38. Section 77-1-1, Mississippi Code of 1972, which creates the Public Service Commission, is hereby repealed.
SECTION 39. Section 77-1-15, Mississippi Code of 1972, which provides the employment and duties of the executive secretary of the Public Service Commission, is hereby repealed.
SECTION 40. Section 77-2-1, Mississippi Code of 1972, which creates the Public Utilities Staff, is hereby repealed.
SECTION 41. Section 77-2-7, Mississippi Code of 1972, which provides the appointment of an executive director of the Public Utilities Staff, is hereby repealed.
SECTION 42. Section 77-2-9, Mississippi Code of 1972, which provides the powers and duties of the executive director of the Public Utilities Staff, is hereby repealed.
SECTION 43. Section 77-2-11, Mississippi Code of 1972, which provides the prohibition of former employees of the Public Service Commission and its staff or public utilities staff from accepting certain employment, is hereby repealed.
SECTION 44. Section 77-2-13, Mississippi Code of 1972, which provides the prohibition of certain communications in contested proceedings that are before the Public Service Commission, is hereby repealed.
SECTION 45. Section 77-2-17, Mississippi Code of 1972, which provides the continued force and effect of prior rules and orders of the Public Service Commission and the Public Utilities Staff's access to all data filed with the commission, is hereby repealed.
SECTION 46. Section 77-2-19, Mississippi Code of 1972, which provides the establishment of the Public Utilities Staff Regulation Fund, is hereby repealed.
SECTION 47. Section 77-3-8, Mississippi Code of 1972, which establishes staff for the Public Service Commission, is hereby repealed.
SECTION 48. Section 2 of this act shall take effect and be in force from and after July 1, 2014, and Section 1 and Sections 3 through 47 shall take effect and be in force from and after January 1, 2016.