Mississippi HB 882: Public Service Commission; extend repealers on its creation and authority to hire attorneys for certain proceedings.

Bill Text

HB 882 (As Passed the House) - 2018 Regular Session 

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Public Utilities

By: Representatives White, Sykes

House Bill 882

(As Passed the House)

AN ACT TO REENACT SECTIONS 77-1-1, 77-1-3, 77-1-5, 77-1-6, 
77-1-11, 77-1-15, 77-1-17, 77-1-19, 77-1-21, 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 AND 77-1-49, 
MISSISSIPPI CODE OF 1972, WHICH CREATE THE PUBLIC SERVICE COMMISSION AND 
PRESCRIBE ITS POWERS AND DUTIES; TO AMEND SECTION 77-1-51, MISSISSIPPI CODE OF 
1972, TO EXTEND THE DATE OF THE REPEALER ON THOSE REENACTED SECTIONS; TO AMEND 
SECTION 77-1-55, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER 
ON THE AUTHORITY OF THE PUBLIC SERVICE COMMISSION AND THE PUBLIC UTILITIES 
STAFF TO HIRE ATTORNEYS AND CONSULTANTS FOR CERTAIN PROCEEDINGS; AND FOR 
RELATED PURPOSES.

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

���� SECTION 1.� Section 
77-1-1, Mississippi Code of 1972, is reenacted as follows:

���� 77-1-1.� A public service 
commission, hereinafter referred to in this chapter as the commission, is 
hereby created, consisting of three (3) members, one (1) to be elected from 
each of the three (3) Supreme Court districts by the qualified electors of such 
district.� Elections for such officers shall be held in the general election in 
November 1959, and every four (4) years thereafter, and the terms of office of 
the three (3) commissioners elected at the general election in November 1959 
shall expire on December 31, 1963.

���� The commissioners shall each 
receive a yearly salary fixed by the Legislature, payable monthly.

���� The commissioners shall each 
possess the qualifications prescribed for the Secretary of State.� The 
commissioners shall not operate, own any stock in, or be in the employment 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 their 
jurisdiction or supervision.

���� SECTION 2.� Section 
77-1-3, Mississippi Code of 1972, is reenacted as follows:

���� 77-1-3.� The commission 
shall have a seal, having around the margin the words "Mississippi Public 
Service Commission," and in the center such device as it may select.� The 
acts of the commission shall be authenticated by its seal.

���� SECTION 3.� Section 
77-1-5, Mississippi Code of 1972, is reenacted as follows:

���� 77-1-5.� The commission 
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 commission shall 
meet at its office on the first Tuesday of each month and at such other times 
and places as its duties may require.� The commission may sit from day to day and 
from time to time, and any meeting may be pretermitted not exceeding two (2) in 
any year.

���� The members of the 
commission shall devote their entire time to the performance of their official 
duties on every business day, except on the legal holidays enumerated in 
Section 3-3-7, Mississippi Code of 1972.� However, official acts of the 
commission done on legal holidays shall be valid.

���� The commission shall keep 
regular minutes of its proceedings, which shall be a public record, and all 
orders, findings and acts of the commission shall be entered on the minutes.

���� Two (2) members of the 
commission shall be a quorum.

���� SECTION 4.� Section 
77-1-6, Mississippi Code of 1972, is reenacted as follows:

���� 77-1-6.� There is hereby 
established in the State Treasury a special fund to be known as the 
"Public Service Commission Regulation Fund."� Such fund shall be the 
sole fund of the commission for all monies collected and deposited to the 
credit of or appropriated to the commission.� The fund shall be administered as 
provided in this title and shall be audited annually by the State Auditor.

���� From and after July 1, 2016, 
the expenses of this agency shall be defrayed by appropriation from the State 
General Fund and all user charges and fees authorized under this section shall 
be deposited into the State General Fund as authorized by law and as determined 
by the State Fiscal Officer.

���� From and after July 1, 2016, 
no state agency shall charge another state agency a fee, assessment, rent or 
other charge for services or resources received by authority of this section.

���� SECTION 5.� Section 
77-1-11, Mississippi Code of 1972, is reenacted as follows:

���� 77-1-11.� (1)� It shall be 
unlawful for any public service commissioner, any candidate for public service 
commissioner, or any employee of the Public Service Commission or Public 
Utilities Staff 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 r