reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 9 - RAILROADS AND OTHER COMMON CARRIERS (§§ 77-9-1 — 77-9-729) › Article 7 - TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-9-701 — 77-9-729) › Section 77-9-725 - Blacklisting of telegraphers because of union affiliation is unlawful

It shall be unlawful for any telegraph company, telephone company, telegraph press association, railroad company, or any leased wire firm or private individual doing business in this state, and employing telegraphers for the purpose of transmitting telegraph dispatches for the general public, or any press association or private business, or in the operation of any railroad, to discriminate against any such telegrapher in its service or out of its service, or to blacklist or refuse employment to any telegrapher solely because of such telegrapher's affiliation with or membership in any lawful organization or trade or labor union of telegraphers.
Codes, Hemingway's 1917, § 7688; 1930, § 7131; 1942, § 7890; Laws, 1908, ch. 93.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 9 - RAILROADS AND OTHER COMMON CARRIERS (§§ 77-9-1 — 77-9-729) › Article 7 - TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-9-701 — 77-9-729) › Section 77-9-727 - Conspiracy to blacklist telegrapher is unlawful

It shall be unlawful for any two or more such telegraph or telephone companies, telegraph press associations, railroad companies or leased wire firms or private individuals doing business in this state and employing telegraphers, to conspire, contract, mutually agree or co-operate to discriminate against, blacklist or refuse employment to any telegrapher merely on account of such telegrapher's affiliation with or membership in any lawful organization or trade or labor union of telegraphers.
Codes, Hemingway's 1917, § 7690; 1930, § 7133; 1942, § 7892; Laws, 1908, ch. 93.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 9 - RAILROADS AND OTHER COMMON CARRIERS (§§ 77-9-1 — 77-9-729) › Article 7 - TELEGRAPH AND TELEPHONE COMPANIES (§§ 77-9-701 — 77-9-729) › Section 77-9-729 - Telegrapher discriminated against may recover actual and exemplary damages

Any such telegraph or telephone company, telegraph press association, railroad company or leased wire firm or private individual violating Section
77-9-725
, shall be liable in actual and exemplary damages to the person so discriminated against.
Any telegraph or telephone company, telegraph press association, railroad company, or leased wire firm or private individual violating Section
77-9-727
, shall be jointly and severally liable in actual and exemplary damages to the party so aggrieved.
Codes, Hemingway's 1917, §§ 7689, 7691; 1930, §§ 7132, 7134; 1942, §§ 7891, 7893; Laws, 1908, ch. 93.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 1 - ENFORCEMENT OF NATURAL GAS PIPELINE SAFETY STANDARDS (§§ 77-11-1 — 77-11-7) › Section 77-11-1 - Declaration of purpose

The purpose of this article is to make provision for the enforcement by the Mississippi Public Service Commission of Natural Gas Pipeline Safety Standards adopted both by the Mississippi Public Service Commission and by the U. S. Department of Transportation, pursuant to the provisions of Article 1, Chapter 3 of this title, and the Federal Natural Gas Pipeline Safety Act of 1968,
49 USC, sections 1671
et seq., by way of injunctive and monetary sanctions substantially the same as are provided under Section 1678 and Section 1679 of said federal act, so that the commission may certify as the regulatory authority as provided in said federal act.
Codes, 1942, § 7897-01; Laws, 1971, ch. 331, § 1, eff. 5/5/1971.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 1 - ENFORCEMENT OF NATURAL GAS PIPELINE SAFETY STANDARDS (§§ 77-11-1 — 77-11-7) › Section 77-11-3 - Civil penalties

(1)
Any person operating a public utility subject to the jurisdiction of the Mississippi Public Service Commission under subparagraph (ii) of paragraph (d) of Section
77-3-3
, and Section
77-3-5
, who violates any provision of any Natural Gas Pipeline Safety Standard adopted both by the United States Department of Transportation, pursuant to the provisions of the Federal Natural Gas Pipeline Safety Act of 1968, and by the commission pursuant to Article 1, Chapter 3, of this title, shall be subject to a civil penalty not to exceed one thousand dollars ($1,000.00), payable to the State of Mississippi for each such violation for each day that such violation persists. The maximum civil penalty shall not exceed two hundred thousand dollars ($200,000.00) for any related series of violations.
(2)
Any such civil penalty may be imposed by the chancery court of the county in which the violation occurs or in which the person violating the same resides or has his or its principal place of business, upon complaint of the commission and after opportunity for a hearing thereon. Any such civil penalty may be compromised by the commission, subject to the approval of the court. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the State of Mississippi to the person charged or may be recovered under judgment of said chancery court, and upon collection shall be paid to the treasury of the State of Mississippi.
Codes, 1942, § 7897-02; Laws, 1971, ch. 331, § 2, eff. 5/5/1971.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 1 - ENFORCEMENT OF NATURAL GAS PIPELINE SAFETY STANDARDS (§§ 77-11-1 — 77-11-7) › Section 77-11-5 - Restraint of violations and enforcement of standards

(1)
Pursuant to the provisions of Section
77-3-75
, the chancery court, First Judicial District of Hinds County, Mississippi, shall have jurisdiction to restrain violations of the Natural Gas Pipeline Safety Standards adopted by both the United States Department of Transportation and the Mississippi Public Service Commission, and to enforce, by mandamus, injunction or other appropriate remedy, orders of said commission adopting such standards. Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
(2)
In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this article, trial shall be by the court, or upon demand of the accused, by a jury and, upon demand of the accused, a jury trial for criminal contempt shall be transferred to the chancery court of the county in which the accused resides or has his principal place of business.
Codes, 1942, § 7897-03; Laws, 1971, ch. 331, § 3, eff. 5/5/1971.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 1 - ENFORCEMENT OF NATURAL GAS PIPELINE SAFETY STANDARDS (§§ 77-11-1 — 77-11-7) › Section 77-11-7 - Application of penalties

The penalties for injunction and monetary sanctions provided in this article apply only to the provisions of this article, and are separate and apart from those otherwise provided by Article 1, Chapter 3, of this title.
Codes, 1942, § 7897-04; Laws, 1971, ch. 331, § 4, eff. 5/5/1971.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 3 - SAFETY AND INSPECTION STANDARDS OF MUNICIPAL GAS SYSTEMS (§§ 77-11-101 — 77-11-111) › Section 77-11-101 - Commission shall provide for standards of safety and inspection of gas districts, municipal gas systems, and certain pipelines

The Mississippi Public Service Commission is hereby vested with authority to provide for standards of safety and inspection of gas districts, or municipally owned and/or operated transmission or distribution of natural, artificial, or mixed natural and artificial gas, by means of transportation, transmission or distribution facilities and equipment municipally owned and/or operated by said municipality or gas district. To the maximum extent permissible under the Natural Gas Pipeline Safety Act of 1968, the commission is also hereby vested with authority to provide for standards of safety and inspection of facilities owned and/or operated as private pipelines, private pipeline carriers or private pipeline carriers by contract which are not engaged in the transmission, sale, sale for resale or distribution of gas to the public for compensation and which are not therefore subject to the general jurisdiction of the commission as public utilities, which said facilities are used for the intrastate transmission or distribution of natural, artificial and mixed natural and artificial gas by means of intrastate transportation, transmission or distribution facilities or equipment owned and/or operated by any such pipeline.
Codes, 1942, § 7897-11; Laws, 1971, ch. 395, § 1; Laws, 1973, ch. 405, § 1, eff. 3/28/1973.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 3 - SAFETY AND INSPECTION STANDARDS OF MUNICIPAL GAS SYSTEMS (§§ 77-11-101 — 77-11-111) › Section 77-11-103 - Commission shall prescribe standards and procedures

To carry out the provisions of this article, the public service commission shall prescribe the safety standards and inspection procedures for said gas districts or municipally owned and/or operated gas systems and for said private pipelines, private pipeline carriers and private pipeline carriers by contract.
Codes, 1942, § 7897-12; Laws, 1971, ch. 395, § 2; Laws, 1973, ch. 405, § 2, eff. 3/28/1973.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 3 - SAFETY AND INSPECTION STANDARDS OF MUNICIPAL GAS SYSTEMS (§§ 77-11-101 — 77-11-111) › Section 77-11-105 - Enforcement of federal safety standards

The public service commission shall have the right, power and authority to provide and make certification, reports and information to the secretary of the United States Department of Transportation; to enter into agreements with said secretary to carry out the purposes of this article; to enforce federal safety standards in the State of Mississippi in lieu of enforcement by the said department of transportation; and to exercise regulatory jurisdiction over the safety of pipeline systems owned and/or operated by gas districts or municipalities and said private pipelines, private pipeline carriers and private pipeline carriers by contract in the transportation of gas as permitted by the Natural Gas Pipeline Safety Act of 1968.
Codes, 1942, § 7897-13; Laws, 1971, ch. 395, § 3; Laws, 1973, ch. 405, § 3, eff. 3/28/1973.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 3 - SAFETY AND INSPECTION STANDARDS OF MUNICIPAL GAS SYSTEMS (§§ 77-11-101 — 77-11-111) › Section 77-11-107 - Promulgation of rules and regulations; inspection; right of access

In order to determine whether or not each gas district or municipally owned and/or operated gas system or pipeline or privately owned or operated gas pipeline is operating in compliance with the required safety standards and to enforce such compliance, the Mississippi Public Service Commission shall have the right, power and authority to promulgate reasonable rules and regulations to facilitate such purpose. Authorized personnel of the commission shall be authorized to inspect all such gas districts, municipally or privately owned and/or operated gas systems, pipelines, facilities and equipment and shall have the right of access and entry to all buildings and property owned, leased and operated by such systems. Other information shall be made available to the commission upon request.
Codes, 1942, § 7897-14; Laws, 1971, ch. 395, § 4; Laws, 1973, ch. 405, § 4, eff. 3/28/1973.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 3 - SAFETY AND INSPECTION STANDARDS OF MUNICIPAL GAS SYSTEMS (§§ 77-11-101 — 77-11-111) › Section 77-11-109 - Penalty

Each gas district or municipally owned utility or privately owned and/or operated gas pipeline in the State of Mississippi shall be subject to the same penalty as other gas utilities for failure to comply with the gas pipeline safety standards adopted by the Mississippi Public Service Commission.
Codes, 1942, § 7897-15; Laws, 1971, ch. 395, § 5; Laws, 1973, ch. 405, § 5, eff. 3/28/1973.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 3 - SAFETY AND INSPECTION STANDARDS OF MUNICIPAL GAS SYSTEMS (§§ 77-11-101 — 77-11-111) › Section 77-11-111 - Limitation of commission's authority

This article authorizes the Mississippi Public Service Commission to exercise jurisdiction over gas pipeline safety and inspection of gas districts or municipally owned and/or operated gas utilities or privately owned and operated gas pipelines which do not sell, transport or distribute gas to the public, and whose facilities are used for the intrastate transmission or distribution of natural, artificial and mixed natural and artificial gas, but all other operations, services and rates of gas districts or municipally owned and/or operated gas utilities or such privately owned and operated gas pipelines which do not sell, transport or distribute gas to the public shall remain exclusively with the gas districts or municipality or municipally owned and/or operated gas utility or with the owner and/or operator of such private pipeline not serving the public.
Codes, 1942, § 7897-16; Laws, 1971, ch. 395, § 6; Laws, 1973, ch. 405, § 6, eff. 3/28/1973.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 7 - INTRASTATE GAS PIPELINES (§§ 77-11-301 — 77-11-311) › Section 77-11-301 - Legislative findings

The Legislature of the State of Mississippi hereby finds that the public interest will be served by fostering the construction and operation of intrastate gas pipelines in order to secure for public and private needs a dependable supply of gas which will be produced within this state. The Legislature further finds that an emergency exists because numerous commercial enterprises have been closed or restricted in operation due to a shortage of gas resulting in a loss of employment and industrial capacity within this state and threatens irreparable injury to life or property, and the possibility exists that supplies of gas for residential and health related purposes may be restricted in the future. In order to assist in alleviating these shortages, both actual and potential, the Legislature enacts this legislation.
Laws, 1977, ch. 455, § 1, eff. 4/12/1977.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 7 - INTRASTATE GAS PIPELINES (§§ 77-11-301 — 77-11-311) › Section 77-11-303 - Application of article

The provisions of this article shall be applicable to all intrastate gas pipelines and related facilities, which would otherwise be a public utility as defined in Section
77-3-3
, Mississippi Code of 1972, for the transmission, sale, sale for resale, and distribution of natural or artificial or mixed gas used within this state for consumption by industrial users or to a public utility or a public utility owned or operated by any municipality. The provisions of this article shall also be applicable in the manner set forth herein to the gas flowing through such pipelines.
Laws, 1977, ch. 455, § 2, eff. 4/12/1977.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 7 - INTRASTATE GAS PIPELINES (§§ 77-11-301 — 77-11-311) › Section 77-11-305 - Definitions

For the purposes of this article, the following words shall have the meaning ascribed herein unless the context shall otherwise require:
(a)
"Corporation" shall mean a private or public corporation, municipality, association, a joint stock association or a business trust.
(b)
"Person" shall include a natural person, a partnership of two (2) or more persons having a joint or common interest, a cooperative, nonprofit, limited dividend, or mutual association, a corporation or any other legal entity.
(c)
"Municipality" shall mean any incorporated city or town or village.
(d)
"Intrastate gas pipeline" shall mean the entire pipeline system owned by an entity carrying gas produced wholly within this state, which is not a field gathering system, including the primary gas pipeline and all lateral supply lines and related facilities extending therefrom to the point of sale to any industrial users, a public utility, or a public utility owned or operated by a municipality.
(e)
"Public utility" as used in this article shall mean any entity as defined by Section
77-3-3(d)(ii)
, Mississippi Code of 1972.
(f)
"Commission" shall mean the Mississippi Public Service Commission.
Laws, 1977, ch. 455, § 3, eff. 4/12/1977.
Brought forward by Laws, 2023, ch. 352, HB 1060,§ 4, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 7 - INTRASTATE GAS PIPELINES (§§ 77-11-301 — 77-11-311) › Section 77-11-307 - Exemption from requirements imposed on public utilities

(1)
No person who shall construct, acquire, extend or operate an intrastate gas pipeline for transmitting natural, manufactured or mixed gas for sale, sale for resale, or distribution for consumption by industrial users, public utilities, or a public utility owned or operated by a municipality, shall be deemed a public utility or be required to obtain a gas certificate or public convenience and necessity from the commission to engage in the foregoing activities.
(2)
Any person engaged in the transmission, sale, sale for resale, or distribution of natural, artificial, or mixed natural and artificial gas to industrial users, public utilities, or public utilities owned or operated by municipalities, by means of transportation, transmission or distribution in an intrastate gas pipeline shall not be deemed a public utility or be required to obtain a gas certificate of public convenience and necessity from the commission.
Laws, 1977, ch. 455, § 4(1, 2), eff. 4/12/1977.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 7 - INTRASTATE GAS PIPELINES (§§ 77-11-301 — 77-11-311) › Section 77-11-309 - Restriction on transmission, sale or distribution to industrial user serviced by gas public utility

There shall be no transmission, sale, sale for resale, or distribution of natural, artificial, or mixed gas by an intrastate pipeline to an industrial user being served by a gas public utility holding a gas certificate of public convenience and necessity issued by the commission or to an industrial user to be located within such certificated area unless the gas public utility holding such certificate of public convenience and necessity shall have filed with the commission a statement that it is either unwilling or unable to serve said user. Provided, however, that nothing contained in this article shall prevent the sale or transmission of natural gas to an industrial user by the producer of such gas or the sale of natural gas in or within the vicinity of the field where the gas is produced.
Laws, 1977, ch. 455, § 4(3), eff. 4/12/1977.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 11 - GAS PIPELINES AND DISTRIBUTION SYSTEMS (§§ 77-11-1 — 77-11-311) › Article 7 - INTRASTATE GAS PIPELINES (§§ 77-11-301 — 77-11-311) › Section 77-11-311 - Jurisdiction to enforce pipeline safety standards; natural gas or electric power public utility not exempt from regulation

The commission shall have jurisdiction over an intrastate gas pipeline for the enforcement of natural gas pipeline safety standards, provided that nothing in this article shall be construed to exempt any natural gas or electric power public utility from regulation by the Public Service Commission as set out in Section
77-3-35
, Mississippi Code of 1972.
Laws, 1977, ch. 455, § 5, eff. 4/12/1977.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-1 - Legislative intent

It is the intent of the Legislature to protect underground utility facilities and other underground facilities from destruction or damage, in order to prevent death of or injury to persons, property damage to public and private property, and loss or interruption of essential utility services to the general public.
Laws, 1985, ch. 494, § 1; reenacted without change, Laws, 1999, ch. 302, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-7 - Notification of damaged lines

(1)
Each person responsible for any excavation that results in damage to an underground utility line or underground facility, immediately upon discovery of such damage, shall notify Mississippi 811, Incorporated, and notify all operators of such damaged line or facility of the location of the damage and shall allow the operator reasonable time to accomplish any necessary repairs before completing the excavation in the immediate area of the damage to such line or facility.
(2)
Each person responsible for any excavation that results in damage to an underground pipeline or underground facility permitting the escape of any hazardous, flammable, toxic or corrosive gas or liquid shall, immediately upon discovery of such damage, call 911 and then notify Mississippi 811, Incorporated, and the operator and take other action as may reasonably be necessary to protect persons and property and to minimize the hazards, until arrival of the operator's personnel and the police or fire departments.
(3)
Except where the excavator has fully complied with the provisions of Section
77-13-5
and subsections (1) and (2) of this section, each person responsible for excavation that results in damage to an underground line or underground facility, except the property owner, unless the property owner is the excavator, shall be responsible for any and all costs and expenses incurred by the operator in restoring, correcting, repairing or replacing the damaged line or facility.
(4)
In the event that an operator brings a lawsuit to enforce compliance with this section, then the prevailing party in any such lawsuit shall be awarded its legal costs, expenses, and fees, including reasonable attorney's fees, incurred in connection with such lawsuit. If more than one (1) party is found to be responsible, the costs, expenses, and fees, including reasonable attorney's fees, shall be equitably apportioned among the responsible parties.
Laws, 1985, ch. 494, § 4; Laws, 1997, ch. 483, § 3; reenacted without change, Laws, 1999, ch. 302, § 4; Laws, 2008, ch. 497, § 3; Laws, 2009, ch. 382, § 2, eff. 7/1/2009.
Amended by Laws, 2023, ch. 428, SB 2102,§ 5, eff. 7/1/2023.
Amended by Laws, 2016, ch. 490, SB 2755, 8, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-11 - Exceptions to advance notice requirement

(1)
The advance notice provisions of this chapter shall not apply to any person making an emergency excavation at times of emergency involving an imminent danger to life, health or property or a customer service outage. However, every person who shall engage in such emergency excavation shall take all necessary and reasonable precautions to avoid or minimize interference with or damage to existing underground utility lines and underground facilities in and near the excavation area, and shall notify Mississippi 811, Incorporated, of the specifically designated emergency excavation as promptly as reasonably possible so that operators may locate and mark the location of underground utility lines and underground facilities in the specifically designated emergency excavation area. In the event of damage to or dislocation of any underground utility lines or underground facilities caused by any such emergency excavation work, the person responsible for the excavation shall immediately notify the operator of the damaged or dislocated underground facilities of the damage or dislocation.
(2)
An imminent danger to life, health, property or customer service exists whenever there is a substantial likelihood that injury, loss of life, health or customer services, or substantial property loss could result before the person responsible for the excavation or demolition can fully comply with the notification and response procedures required in Sections
77-13-7
and
77-13-17
.
(3)
Any misrepresentation of either an emergency excavation or an impending emergency as defined in Section
77-13-3
, shall constitute a violation of this chapter.
Laws, 1985, ch. 494, § 6; Laws, 1997, ch. 483, § 5; reenacted without change, Laws, 1999, ch. 302, § 6, eff. 7/1/1999.
Amended by Laws, 2023, ch. 428, SB 2102,§ 4, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-13 - Advance notice as relieving excavator of certain liabilities

The act of giving notice in accordance with Section
77-13-5
shall relieve the notifying party of all liability to a utility should such notice be ignored or the information provided by the utility subsequent to said notice be materially inaccurate; provided, however, the act of giving advance notice and/or obtaining information as required by this chapter shall not relieve any person making excavations from doing so in a careful and prudent manner, nor shall it relieve such person from liability for any injury or damage proximately resulting from his/her negligence.
Laws, 1985, ch. 494, § 7; reenacted without change, Laws, 1999, ch. 302, § 7, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-15 - Notice to one-call system

Notification to Mississippi One-Call System, Inc., as provided in Section
77-13-5
, may be effected by giving notice to Mississippi One-Call System, Inc., in writing, by telephone, fax or other electronic means made available through Mississippi One-Call System, Inc.
Laws, 1985, ch. 494, § 8; Laws, 1997, ch. 483, § 6; reenacted without change, Laws, 1999, ch. 302, § 8; Laws, 2008, ch. 497, § 5, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-17 - Operator responsibilities

(1)
Any operator who fails to follow, abide by or comply with this chapter shall be responsible for the cost or expense the excavator shall incur as a direct result of the failure of the operator to follow, abide by or comply with the provisions of this chapter.
(2)
Operators who have underground utility lines or underground facilities within the State of Mississippi shall be a member of Mississippi 811, Inc.
(3)
The person giving notice of the intent to excavate to Mississippi 811, Inc., shall be furnished an individual locate request number for each notification and, upon request, shall be furnished the names of the operators to whom the notification will be transmitted.
(4)
An adequate record of all notifications shall be maintained by Mississippi 811, Inc., in order to document timely compliance with this chapter. These records shall be retained for a period of not less than four (4) years and shall be made available at a reasonable cost upon proper and adequate advance request.
(5)
The services of Mississippi 811, Inc., will be provided on working days as defined in Section
77-13-3(h)
at least between the hours of 7:30 a.m. and 5:00 p.m.
(6)
Mississippi 811, Inc., will voice-record the notification telephone calls and after-hour calls will at least reach a voice recording which explains emergency notification procedures.
(7)
All operators shall provide Mississippi 811, Inc., the following information:
(a)
A list of counties, cities and towns in which the operator has underground utility lines or underground facilities in each county.
(b)
A digital map, paper map or geospatial information showing the location of the operator's underground utility lines or underground facilities or for other reasons wish to receive notification of proposed excavation.
(c)
An update on an annual basis of each operator's underground utility lines or underground facilities for the State of Mississippi.
Laws, 1997, ch. 483, § 7; reenacted without change, Laws, 1999, ch. 302, § 9; Laws, 2008, ch. 497, § 6, eff. 7/1/2008.
Amended by Laws, 2015, ch. 309, HB 881, 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-19 - Enforcement; injunctions

In addition to any other rights and remedies which a person may have, any person shall have the right to resort to and apply for injunctive relief, both temporary and permanent, in any court of competent jurisdiction to enforce compliance with the provisions of this chapter and to restrain and prevent violations and threatened violations thereof.
Laws, 1997, ch. 483, § 8; reenacted without change, Laws, 1999, ch. 302, § 10, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-21 - [Repealed]

Repealed by Laws of 1999, ch. 302, § 11, eff. 7/1/1999.
Laws, 1997, ch. 483, § 9, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-23 - Operator waives right to recover damages to operator's underground facilities under certain circumstances; exemption

Any operator who suffers damages as a result of not participating as a member of Mississippi 811, Inc., waives the right to recover damages to the operator's underground facilities from the excavator if the excavator complied with the provisions of this chapter. The provisions of this section shall not apply to any municipality, as defined in Section
17-1-1
, that owns or operates a utility.
Laws, 2010, ch. 427, § 3, eff. 3/24/2010.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-25 - Effect of chapter on certain contracts between railroads and owners or operators of underground facilities or utility lines on railroad right-of-way

Nothing in this chapter shall modify or abrogate any contractual provision entered into between any railroad and any other party owning or operating an underground facility or underground utility lines within the railroad's right-of-way.
Added by Laws, 2014, ch. 354, SB 2148, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-27 - Enforcement of damage prevention

(1)
Any person, whether excavator or operator, who violates this chapter, or the rules or regulations promulgated under this chapter, shall be subject to a civil penalty as follows:
(a)
For a first violation, the violator shall complete a course of training concerning compliance with this chapter as determined by the executive committee;
(b)
For a second violation occurring within a five-year period, the violator shall complete a course of training concerning compliance with this chapter as determined by the executive committee or pay a civil penalty in an amount set by the executive committee, not to exceed Five Hundred Dollars ($500.00) per incident, or both;
(c)
For a third or subsequent violation occurring within a five-year period, the violator shall pay a civil penalty in an amount set by the executive committee, not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per incident; and
(d)
Notwithstanding this subsection and subsection (2) of this section, if any violation was the result of gross negligence or willful or wanton misconduct as determined by the executive committee, the executive committee shall require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee and pay a civil penalty in an amount set by the executive committee, not to exceed Five Thousand Dollars ($5,000.00) per incident.
(2)
Any person who is required to complete a course of training under subsection (1) of this section shall be responsible for paying for the cost of the training. For those instances in which training is ordered, if the person is a firm, partnership, association, corporation, limited liability company, joint venture, department or subdivision of the state or other governmental entity or any other body or organization, the executive committee may require that at least one (1) manager or supervisor thereof attend any such training.
(3)
Any excavator who violates this chapter may be required to cease work on any excavation, or not start a proposed excavation, until the excavator complies with this chapter.
Added by Laws, 2016, ch. 490, SB 2755, 2, eff. 1/1/2017.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-31 - Powers of the board

(1)
The board has the power and authority to:
(a)
Adopt a budget and promulgate rules and regulations to carry out the responsibilities of the board and the executive committee under this chapter. The board shall adopt its initial budget and promulgate its initial rules and regulations no later than December 31, 2016.
(b)
Make and enter into contracts.
(2)
The board shall:
(a)
Through its executive committee, initiate investigations and conduct hearings as required by this section;
(b)
Manage the Underground Damage Prevention Fund created by Section
77-13-35
;
(c)
Assess its annual operating cost to operators in an amount equal to the amount necessary to offset the cost of investigative, administrative and legal services and other costs reasonably necessary to carry out its responsibilities under this chapter. The annual operating costs shall be determined after deducting funds available from other sources, including, but not limited to, federal grants, and such annual operating costs shall be apportioned in a proportional manner based on volume of locate requests, and shall be collected by Mississippi 811, Inc., from the operators; and
(d)
Subject to the availability of funding in the Underground Damage Prevention Fund created by Section
77-13-35
, contract with appropriate individuals, entities or agencies to conduct training and public awareness for damage prevention.
Added by Laws, 2016, ch. 490, SB 2755, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-33 - Investigation of complaint of violation; hearing; judicial review

(1)
The board shall develop and implement a process whereby upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint which may include a request that the Pipeline Safety Division designate an employee of the division who will investigate the complaint in accordance with this chapter and the rules adopted by the board.
(2)
Any investigator acting upon request by the executive committee may issue citations for violations of this chapter in a form and manner established by the board. Any citation shall include a recommendation for the penalty to be assessed and training to be completed under Section
77-13-27
.
(3)
If the person to whom the citation is issued under subsection (2) of this section does not pay the citation or submit to ordered training, or both as applicable, within thirty (30) days, then the executive committee shall conduct a hearing and issue an order which includes its findings and ordered penalties. The hearing shall be held at the time and place set forth in the citation or in a separate notice of hearing.
(4)
A person aggrieved by the executive committee's order may, within sixty (60) days, seek judicial review in the form of an appeal "de novo" in the Chancery Court of the county in which the excavation occurred. If the excavation occurred in more than one (1) county, then the appeal shall be conducted in the chancery court of the county where the greatest amount of excavation referenced in the citation occurred.
(5)
The person initiating a complaint of violation under this chapter shall submit to the board all information and documents in its possession related specifically to the alleged violation.
(6)
Evidence of findings of fact, civil penalties, or any of the actions or proceedings pursuant to this chapter shall not be admissible in any other civil causes of action. This chapter shall not limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(7)
Nothing in this chapter shall grant the executive committee or the board jurisdiction over damage to utilities located above the ground.
Added by Laws, 2016, ch. 490, SB 2755, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-35 - Underground Damage Prevention Fund

(1)
There is created an Underground Damage Prevention Fund to be administered and used by the board for the purpose of carrying out its duties under this chapter. All sources of funds collected by the board under this chapter, including, but not limited to, grants, assessments, and civil penalties collected pursuant to this chapter shall be deposited into the Underground Damage Prevention Fund. Any monies remaining in the Underground Damage Prevention Fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the Underground Damage Prevention Fund for the exclusive use of the board. The expenditure of monies in the Underground Damage Prevention Fund shall be at the discretion of the board to carry out its duties under this chapter. Excess funds shall be used for purposes related to buried utility damage prevention, including, but not limited to, public awareness programs, training and education programs for excavators, operators, line locators, and other persons to reduce the number and severity of violations of this chapter.
(2)
The Pipeline Safety Division, with assistance from the board, shall apply for all grants, including those awarded by the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration, which may be used to fund the cost of services associated with Section
77-13-29(3)
, and any such grants received shall be used to pay for such services.
Added by Laws, 2016, ch. 490, SB 2755, 6, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 13 - REGULATION OF EXCAVATIONS NEAR UNDERGROUND UTILITY FACILITIES (§§ 77-13-1 — 77-13-37) › Section 77-13-37 - Scope of authority

Nothing in this chapter shall expand the jurisdiction of the Pipeline Safety Division or the commission in any way.
Added by Laws, 2016, ch. 490, SB 2755, 7, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 15 - LOCAL NATURAL GAS DISTRICTS (§§ 77-15-1 — 77-15-3) › Section 77-15-3 - Annual financial report

Audited financial statements shall be maintained in the office of each local natural gas district for public inspection and shall be available to the public during normal business hours.
Laws, 1989, ch. 560, § 2; reenacted, Laws, 1991, ch. 504, § 2; Laws, 2009, ch. 546, § 21, eff. 4/15/2009.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 17 - MISSISSIPPI BROADBAND ENABLING ACT (§§ 77-17-1 — 77-17-15) › Section 77-17-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Broadband Enabling Act."
Added by Laws, 2019, ch. 301, HB 366,§ 1, eff. 1/30/2019.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 17 - MISSISSIPPI BROADBAND ENABLING ACT (§§ 77-17-1 — 77-17-15) › Section 77-17-7 - No expansion of regulatory authority of state agencies, instrumentalities or political subdivisions beyond state or federal laws and regulations in place on January 30, 2019

The passage of Chapter 301, Laws of 2019, does not expand the regulatory authority of any state agency, instrumentality or political subdivision of the State of Mississippi beyond the existing state or federal law and regulations in place on January 30, 2019.
Added by Laws, 2019, ch. 301, HB 366,§ 4, eff. 1/30/2019.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 17 - MISSISSIPPI BROADBAND ENABLING ACT (§§ 77-17-1 — 77-17-15) › Section 77-17-9 - Electric cooperatives prohibited from: allowing use of electric delivery system by affiliate to diminish reliability of the system, requiring purchase of broadband services from affiliate as condition of receiving electric energy from the cooperative, and disconnecting electric service for nonpayment of broadband services provided by affiliate

(1)
An electric cooperative shall not allow the installation or operation of a broadband system on its electric delivery system by an affiliate or other broadband operator to diminish the reliability of the electric delivery system.
(2)
An electric cooperative shall not require any person to purchase broadband services from an affiliate or other broadband operator as a condition of receiving or continuing to receive electric energy from the electric cooperative.
(3)
An electric cooperative shall not disconnect, nor threaten to disconnect, its electric service to any customer due to the customer's failure to pay for broadband services provided to the customer by an affiliate or other broadband operator.
Added by Laws, 2019, ch. 301, HB 366,§ 5, eff. 1/30/2019.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 17 - MISSISSIPPI BROADBAND ENABLING ACT (§§ 77-17-1 — 77-17-15) › Section 77-17-13 - Liberal construction of chapter

This chapter is to be liberally construed, and the enumeration of any object, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. Nothing in this chapter shall be interpreted or construed to infringe upon nor otherwise encumber the property or property interests used by any investor-owned electric public utility to provide electric service to its customers.
Added by Laws, 2019, ch. 301, HB 366,§ 7, eff. 1/30/2019.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 17 - MISSISSIPPI BROADBAND ENABLING ACT (§§ 77-17-1 — 77-17-15) › Section 77-17-15 - Annual audit of compliance with chapter; notice to members of election of board of directors, meetings, and election results

Every electric cooperative shall conduct an annual audit of compliance with this chapter, which shall be made publicly available. Any electric cooperative electing to operate under the provisions of this chapter must send notice by mail to its members of its elections for board of directors separately from any bill, and must send notice by mail to its members of (i) application for candidacy to the board of directors, and (ii) annual meetings at least ninety (90) days before an election or annual meeting. Any electric cooperative electing to operate under the provisions of this chapter must publish, by paid advertisement in a newspaper or newspapers of general circulation in the electric cooperative's certificated area, results of its elections to each member.
Added by Laws, 2019, ch. 301, HB 366,§ 8, eff. 1/30/2019.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 19 - BROADBAND EXPANSION AND ACCESSIBILITY OF MISSISSIPPI (BEAM) › Section 77-19-1 - Short title

This chapter shall be known and may be cited as the "Broadband Expansion and Accessibility of Mississippi (BEAM) Act."
Added by Laws, 2022, ch. 397, HB 1029,§ 1, eff. 4/14/2022.