reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-19 - Exclusion of coverage by automobile insurance providers

(1)
Insurers that write automobile insurance in Mississippi may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:
(a)
Liability coverage for bodily injury and property damage;
(b)
Uninsured and underinsured motorist coverage;
(c)
Medical payments coverage;
(d)
Comprehensive physical damage coverage; and
(e)
Collision physical damage coverage.
(2)
The exclusions provided for in subsection (1) of this section shall apply notwithstanding any requirement under the Mississippi Motor Vehicle Safety Responsibility Law Section
63-15-1
et seq. Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to transport passengers for compensation. Nothing shall preclude an insurer from providing coverage for the transportation network company driver's vehicle, if it chooses to do so by contract or endorsement.
(3)
Automobile insurers that exclude the coverage described in Section
77-8-15
shall have no duty to defend or indemnify any claim expressly excluded. Nothing in this chapter shall invalidate or limit an exclusion contained in a policy including any policy in use or approved for use in Mississippi prior to July 1, 2016, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy, shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of Section
77-8-15
at the time of loss.
(4)
In a claims coverage investigation, transportation network companies and any insurer providing coverage under Section
77-8-15
shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any automobile insurance maintained under Section
77-8-15
.
Added by Laws, 2016, ch. 328, HB 1381, 10, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-21 - Drivers as independent contractors

Drivers shall be independent contractors and not employees of the transportation network company if all of the following conditions are met:
(a)
The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company's digital platform;
(b)
The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize digital platforms from other transportation network companies;
(c)
The transportation network company does not assign a transportation network company driver a particular territory in which to operate;
(d)
The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and
(e)
The transportation network company and transportation network company driver agree in writing that the driver is an independent contractor of the transportation network company.
Added by Laws, 2016, ch. 328, HB 1381, 11, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-23 - Zero tolerance for use of drugs or alcohol by drivers

(1)
The transportation network company shall implement a zero tolerance policy regarding a transportation network company driver's activities while accessing the transportation network company's digital platform. The zero tolerance policy shall address the use of drugs or alcohol while a transportation network company driver is providing prearranged rides or is logged into the transportation network company's digital network but is not providing prearranged rides, and the transportation network company shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(2)
Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the transportation network company shall suspend such transportation network company driver's access to the transportation network company's digital platform as soon as possible, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
(3)
The transportation network company shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a rider complaint is received by the transportation network company.
Added by Laws, 2016, ch. 328, HB 1381, 12, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-25 - Transportation network driver requirements

(1)
Before allowing an individual to accept trip requests through a transportation network company's digital platform as a transportation network company driver:
(a)
The individual shall submit an application to the transportation network company, which includes information regarding his or her address, age, driver's license, motor vehicle registration, automobile liability insurance, and other information required by the transportation network company;
(b)
The transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:
(i)
Multistate/multijurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(ii)
United States Department of Justice National Sex Offender Public Website;
(2)
The transportation network company shall review, or have a third party review, a driving history research report for such individual.
(3)
The transportation network company shall not permit an individual to act as a transportation network company driver on its digital platform who:
(a)
Has had more than three (3) moving violations in the prior three-year period, or one (1) of the following major violations in the prior three-year period:
(i)
Attempting to evade the police;
(ii)
Reckless driving; or
(iii)
Driving on a suspended or revoked license;
(b)
Has been convicted, within the past seven (7) years, of
(i)
Any felony; or
(ii)
Misdemeanor driving under the influence, reckless driving, hit and run, or any other driving-related offense or any misdemeanor violent offense or sexual offense;
(c)
Is a match in the U.S. Department of Justice National Sex Offender Public Website;
(d)
Does not possess a valid driver's license;
(e)
Does not possess proof of registration for the motor vehicle used to provide prearranged rides;
(f)
Does not possess proof of automobile liability insurance for the motor vehicle used to provide prearranged rides; or
(g)
Is not at least nineteen (19) years of age.
Added by Laws, 2016, ch. 328, HB 1381, 13, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-27 - Solicitation or acceptance of street hails prohibited

A transportation network company driver shall not solicit or accept street hails.
Added by Laws, 2016, ch. 328, HB 1381, 14, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-29 - Solicitation or acceptance of cash for fares prohibited

The transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments for the fares charged to riders for prearranged rides and notify transportation network company drivers of the policy. Transportation network company drivers shall not solicit or accept cash payments from riders.
Added by Laws, 2016, ch. 328, HB 1381, 15, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-31 - Discrimination with respect to riders prohibited; service animals accommodated

(1)
The transportation network company shall adopt a policy of nondiscrimination with respect to riders and potential riders and notify transportation network company drivers of the policy.
(2)
Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against riders or potential riders.
(3)
Transportation network company drivers shall comply with all applicable laws relating to accommodation of service animals.
(4)
A transportation network company shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
Brought forward without change by Laws, 2018, ch. 341, HB 944,§ 10, eff. 7/1/2018.
Added by Laws, 2016, ch. 328, HB 1381, 16, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-33 - Customer records

A transportation network company shall maintain the following customer records:
(a)
Individual trip records for at least one (1) year from the date each trip was provided; and
(b)
Individual records of transportation network company driver customers at least until the one-year anniversary of the date on which a transportation network company driver's customer relationship with the transportation network company has ended.
Added by Laws, 2016, ch. 328, HB 1381, 17, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-35 - Inspection of records by commissioner

(1)
For the sole purpose of verifying that a transportation network company is in compliance with the requirements of this chapter and not more than annually, the commissioner shall have the right to visually inspect a sample of records that the transportation network company is required to maintain. The sample shall include required records pertaining to up to fifty (50) transportation network drivers, provided that the transportation network company shall undertake best efforts not to share records about the same transportation network company driver during consecutive reporting periods. If, after this initial review, the commissioner has a reasonable basis to conclude that the transportation network company is not in compliance with the requirements of this chapter, the commissioner may, upon reasonable notice, conduct a supplemental audit of records for an additional selection of transportation network company drivers. The audit shall take place at a mutually agreed location in Mississippi. The expenses of the examination shall be borne and paid by the transportation network company that is under examination.
(2)
Documents, materials or other information, including, but not limited to, all working papers, and copies thereof, created, produced or obtained by or disclosed to the commissioner or any other person in the course of an examination made under this chapter shall be confidential by law and privileged, and shall not be subject to the Mississippi Public Records Act. The commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties.
(3)
In order to assist in the performance of the commissioner's duties, the commissioner may share confidential and privileged documents, materials or other information, with other state, federal and international regulatory agencies, and with state, federal and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication or other information. The commissioner may enter into agreements governing the sharing and use of information consistent with this subsection.
(4)
No waiver of any applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.
(5)
In response to a specific complaint against any transportation network company driver or transportation network company, the commissioner is authorized to inspect records held by the transportation network company that are necessary to investigate and resolve the complaint.
Added by Laws, 2016, ch. 328, HB 1381, 18, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-37 - Controlling authority; reasonable regulations by airport owners or operators

(1)
Transportation network companies and transportation network company drivers are governed exclusively by this chapter and any rules promulgated by the commissioner consistent with this chapter. A county, municipality or other local entity may not:
(a)
Impose a tax on, or require a license for, a transportation network company, a transportation network company driver or a vehicle used by a transportation network company driver where the tax or licenses relate to providing prearranged rides;
(b)
Require a transportation network company or a transportation network company driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction; or
(c)
Subject a transportation network company or a transportation network company driver to any type of rate, entry, operational or other requirements.
(2)
Notwithstanding subsection (1) of this section, a county, municipality or other local entity that owns or operates an airport, may adopt reasonable regulations relating to the duties and responsibilities on airport property of a transportation network company or transportation network company driver, including its ability to impose reasonable fees and vehicle tracking requirements on a transportation network company or its affiliated transportation network company drivers, but excluding its ability to impose other fees, taxes, registration, licensing or special insurance requirements on transportation network company drivers, and excluding its ability to impose requirements with respect to special markings or identification other than that provided for in Section
77-8-11
, and excluding its ability to impose requirements for equipment.
Added by Laws, 2016, ch. 328, HB 1381, 19, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 77 - PUBLIC UTILITIES AND CARRIERS (§§ 77-1-1 — 77-NEW-NEW-004) › Chapter 8 - TRANSPORTATION NETWORK COMPANIES (§§ 77-8-1 — 77-8-39) › Section 77-8-39 - Rules and regulations

The commissioner may adopt rules and regulations necessary to ensure compliance with this chapter.
Added by Laws, 2016, ch. 328, HB 1381, 20, eff. 7/1/2016.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-1 - and 77-9-3 - [Repealed]

Repealed by Laws, 1997, ch. 460, §§ 1, , 2, eff.7/1/1997.
§ 77-9-1. [Codes, 1892, § 4331; 1906, § 4885; Hemingway's 1917, § 7672; 1930, § 7044; 1942, § 7820; Laws, 1908, ch. 82.] § 77-9-3. [Codes, 1892, § 4332; 1906, § 4886; Hemingway's 1917, § 7673; 1930, § 7045; 1942, § 7821; Laws, 1908, ch. 83; 1984, ch. 512, § 1]
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-5 - "Railroad," "company" and "commission" defined

(1)
The term "railroad" as used in this chapter, includes and applies to every person, firm, association of persons, and company, whether incorporated or not, who or which shall own or operate a railroad as a common carrier.
(2)
The term "company" as used in this chapter, embraces and applies to every person, firm, association of persons, and company, whether incorporated or not, who or which shall own or operate a telegraph or telephone line, or do an express or sleeping car business.
(3)
The term "commission," as used in this chapter, means the Mississippi Transportation Commission.
Codes, 1892, § 4336; 1906, § 4891; Hemingway's 1917, § 7677; 1930, § 7046; 1942, § 7822; Laws, 1908, ch. 87.
Amended by Laws, 2018, ch. 332, SB 2213,§ 14, eff. 3/8/2018.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-7 - [Repealed]

Repealed by Laws, 1984, ch. 512, § 5, eff. 7/1/1984.
Codes, 1906, § 4892; Hemingway's 1917, § 7678; 1930, § 7047; 1942, § 7823; Laws, 1898, ch. 82; 1908, ch. 87.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-9 - and 77-9-11 - [Repealed]

Repealed by Laws, 1997, ch. 460, §§ 3, , 4, eff.7/1/1997.
§ 77-9-9. [Codes, 1892, § 4325; 1906, § 4879; Hemingway's 1917, § 7664; 1930, § 7056; 1942, § 7832] § 77-9-11. [Codes, 1892, §§ 4290, 4291; 1906, §§ 4842, 4843; Hemingway's 1917, §§ 7627, 7628; 1930, §§ 7095, 7096; 1942, §§ 7871, 7872]
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-13 - [Repealed]

Repealed by Laws, 1992, ch. 496, § 72, eff. 7/1/1992.
Codes, 1892, § 4292; 1906, § 4844; Hemingway's 1917, § 7629; 1930, § 6141; 1942, § 7793; Laws, 1916, ch. 233; 1940, ch. 164.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-15 - Penalty

If any common carrier shall give to any person a free pass or ticket, or transport him free of charge, contrary to law, such common carrier shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty dollars.
Codes, Hemingway's 1917, § 7553; 1930, § 6143; 1942, § 7795; Laws, 1916, ch. 132; Laws, 1940, ch. 164.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-17 - through 77-9-25 - [Repealed]

Repealed by Laws, 1997, ch. 460, § 5-9, eff. 7/1/1997.
§ 77-9-17. [Codes, 1892, § 4323; 1906, § 4877; Hemingway's 1917, § 7662; 1930, § 7055; 1942, § 7831; Laws, 1928, ch. 204] § 77-9-19. [Codes, 1892, § 4296; 1906, § 4848; Hemingway's 1917, § 7633; 1930, § 7101; 1942, § 7877] § 77-9-21. [Codes, 1892, § 4283; 1906, § 4835; Hemingway's 1917, § 7620; 1930, § 7039; 1942, § 7816] § 77-9-23. [Codes, 1892, § 4281; 1906, § 4833; Hemingway's 1917, § 7618; 1930, § 7032; 1942, § 7809; Laws, 1984, ch. 512, § 2] § 77-9-25. [Codes, 1892, § 4282; 1906, § 4834; Hemingway's 1917, § 7619; 1930, § 7033; 1942, § 7810]
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-27 - Surety bonds of employees shall not be required to be in any particular company

No common carrier, authorized to do business in this state, when requiring of an employee that he give it a bond or undertaking of any nature whatever, shall require such employee to have such bond or undertaking executed as surety by any particular company, corporation, association, or firm, or by any one or more of any number of such companies, corporations, associations or firms named by such common carrier. No such common carrier shall reject any such bond or undertaking for any reason other than the financial insufficiency of such bond or undertaking.
Codes, Hemingway's 1917, § 7707; 1930, § 7135; 1942, § 7894; Laws, 1914, ch. 152.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-29 - Sureties shall be authorized to do business in state

No common carrier, authorized to do business in this state, when requiring of any employee that he give it a bond or undertaking of any nature, whatsoever, shall require as surety thereon any companies, corporations, associations or firms not a resident of this state. No such common carrier shall accept as such surety any company, corporation or association, unless the same is a corporation duly organized under the laws of Mississippi or which shall have designated an agent residing within this state upon whom service of legal process against it may be made, as provided for foreign corporations doing business in this state, and shall also require that every such bond or undertaking shall be approved, and cancelled, if cancelled, by said agent with whom a complete record thereof shall be kept.
Codes, Hemingway's 1917, § 7708; 1930, § 7136; 1942, § 7895; Laws, 1914, ch. 152.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-31 - Bond shall cover definite term; cancellation of bond

Every bond or undertaking of any nature whatsoever given by an employee of any common carrier authorized to do business in this state, shall be made to cover a definite term. No such bond or undertaking shall be cancelled without the consent of all parties thereto, except for a breach of one or more of the conditions thereof. Any such employee who shall have given any such bond or undertaking, shall, upon breach of any of the conditions thereof by the other party or parties thereto, have the power to cancel the same by giving the surety or sureties thereon and the common carrier for the benefit of whom the same shall have been made, at least ten (10) days' notice in writing, setting out in full the reasons for cancelling the same. Said notice shall be signed by such employee sworn to by him in this state before an officer authorized to administer oaths. Any such notice to a company, corporation or association may be served by leaving the same with any person upon whom service of legal process upon such company, corporation or association may be had. Any surety on any such bond or undertaking, shall upon the breach of any of the conditions thereof by the common carrier employee for whom the same shall have been made, have power to cancel the same by giving such employee at least ten (10) days' notice in writing, setting out in full the reasons for cancelling the same. The said notice shall be signed by an agent or manager of such surety, then a resident of this state, and then authorized to approve or disapprove similar bonds or undertakings for such surety, and shall be sworn to by the person signing the same in this state before an officer authorized to administer oaths. Nothing herein shall affect any right of action accruing to any person upon the breach of a contract.
Codes, Hemingway's 1917, § 7709; 1930, § 7137; 1942, § 7896; Laws, 1914, ch. 152.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-33 - Penalty

Any officer, agent, or representative of any company, corporation, association or firm, or any other person who shall violate any of the provisions of Sections
77-9-27
through
77-9-31
, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) and by imprisonment in the county jail for a period of not less than thirty (30) days, nor more than one (1) year. Any bond, contract, or undertaking made in violation of said provisions shall be void.
Codes, Hemingway's 1917, § 7710; 1930, § 7138; 1942, § 7897; Laws, 1914, ch. 152.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-35 - Liability of the last of several carriers

If a common carrier receive freight for further transportation and delivery within this state from another carrier, on any contract, express or implied, for continuous carriage, and it arrive at the place of delivery in a broken or damaged condition, or some parts thereof be lost or destroyed, it is the duty of the last carrier to obtain and furnish to the consigneee or other person interested, on demand, true copies of all notations, exceptions, records, and memoranda entered on the books of each carrier touching the receipt, transfers, and handling of the freight while in transit. If such last carrier shall not so furnish the same within thirty (30) days after demand, it shall be presumed to have caused such damage, loss, or destruction. In case of damage, loss, or destruction of perishable goods, by reason of their nature, and of damage not discoverable by outward inspection, proof thereof shall be admissible.
Codes, 1892, § 4301; 1906, § 4853; Hemingway's 1917, § 7638; 1930, § 7107; 1942, § 7882.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-37 - Settlement of claims for lost or damaged freight shall be within reasonable time

Railroads, corporations and individuals engaged as common carriers in this state are required to settle all claims for lost or damaged freight which has been lost or damaged between two (2) given points on the same line or system, within sixty (60) days from the filing of written notice of the loss or damage with the agent at the point of destination. Where freight is handled by two (2) or more roads or systems of roads, and is lost or damaged, claims therefor shall be settled within ninety (90) days from the filing of written notice thereof with the agent by consignee at the point of destination. A common carrier failing to settle such claims as herein required shall be liable to the consignee for twenty-five dollars ($25.00) damages in each case, in addition to actual damages, all of which may be recovered in the same suit. This section shall only apply when the amount claimed is two hundred dollars ($200.00) or less.
Codes, 1906, § 4070; Hemingway's 1917, § 6699; 1930, § 7112; 1942, § 7887; Laws, 1904, ch. 152; Laws, 1908, ch. 196.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-39 - Sale of goods for transportation charges

(1)
When the consignee or owner of any goods or articles transported on any railroad cannot be found or refuses to receive the same or pay the charges, or neglects to do so for a period of fifteen (15) days after notice addressed to the consignee and deposited in the post office, application may be made by the railroad company or its agent to a justice court judge for an order of sale. If it be made to appear that the goods have been transported by the company, and that the consignee or owner cannot be found, or refuses or neglects to pay the costs and charges of transportation, or to receive the goods, the judge shall issue an order directed to the sheriff, or any constable or marshal, directing the sale of the goods at public vendue, at such time as the judge may direct, and the payment out of the proceeds of the sale of the charges on such goods, and all costs which have accrued in procuring the order and making the sale. Should there be a balance left, it shall be paid into the county treasury. The owner of the goods may receive the same out of the treasury, on the order of the board of supervisors, if applied for within two (2) years, but not afterward. Perishable goods may be sold, according to the exigency, if not immediately called for and taken.
(2)
The owners of steamboats and other watercraft, and warehousemen, have the right to enforce charges for freight and storage in accordance with the provisions of subsection (1) of this section, on goods which have been transported or stored by them where the consignee or owner cannot be found, or refuses or neglects to pay such charges.
Codes, 1892, §§ 2108, 2109; 1906, §§ 2293, 2294; Hemingway's 1917, §§ 4682, 4683; 1930, §§ 7113, 7114; 1942, §§ 7888, 7889; Laws, 1888, p. 92; Laws, 1984, ch. 512, § 3, eff. 7/1/1984.
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 1 - GENERAL PROVISIONS (§§ 77-9-1 — 77-9-41) › Section 77-9-41 - [Repealed]

Repealed by Laws, 1997, ch. 460, § 10, eff. 7/1/1997.
Codes, 1892, § 4329; 1906, § 4883; Hemingway's 1917, § 7670; 1930, § 7043; 1942, § 7819; Laws, 1908, ch. 81.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-101 - Preparation of application to governor by persons desiring creation of railroad corporation

Persons desiring the creation and organization of a railroad corporation may prepare an application therefor, in writing, addressed to the governor, in which they shall declare:
(a)
The names, residence and post office of each of the applicants;
(b)
The terminal points of the proposed railroad; if either or both be without this state, the point at or near which the state line is proposed to be crossed;
(c)
The amount of authorized capital stock, with full particulars as to the class or classes thereof, including all their privileges and restrictions, and whether having a par value or being without nominal or par value;
(d)
The sale price per share, if desired, of stock without par value and authority for the board of directors to fix or change such sale price, if such authority be desired;
(e)
The number of shares of each class of stock necessary to be subscribed and paid for before the corporation shall commence business;
(f)
The line of the proposed railroad in this state;
(g)
The name by which the corporation is to be known;
(h)
The time within which it is hoped the railroad will be completed.
If the applicants be the purchasers of a railroad at an execution, judicial, deed in trust or mortgage sale thereof, they shall present with their application a certified copy of the conveyance under which they hold, and shall disclose in addition:
(i)
The facts of the purchase, the date thereof, when, where, and by what proceedings;
(j)
The name of the former railroad company or corporation, with its location and termini;
(k)
The amount of money paid for the property, and its real value, and the sum at which it is proposed to capitalize it.
Codes, 1892, § 3572; 1906, § 4073; Hemingway's 1917, § 6702; 1930, § 6066; 1942, § 7717; Laws, 1938, ch. 347.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-103 - Issuance of proclamation by governor authorizing organization of railroad corporation

Upon the receipt of the application, the governor shall submit the same to the attorney general, and obtain his opinion, in writing, to be indorsed thereon, whether or not it be in conformity to law. If the opinion be that the application conforms to law, and the governor believes that it is made in good faith and with bona fide intention on the part of the projectors to construct or cause to be constructed or to operate a railroad, as defined in the application, and there be no valid objection thereto, he shall issue his proclamation authorizing the persons to organize a railroad corporation.
Codes, 1892, § 3573; 1906, § 4074; Hemingway's 1917, § 6703; 1930, § 6067; 1942, § 7718.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-105 - Recording of application and proclamation

The application and the proclamation of the governor shall be attached each to the other, and both shall be recorded in the office of the secretary of state, and also in the record of deeds of each county through which the projected railroad is to extend, at the expense of the projectors. The record in the secretary of state's office shall be made before organization of the corporation, but that in the record of deeds may be made afterward, but before any corporate action shall be taken in the county.
Codes, 1892, § 3574; 1906, § 4075; Hemingway's 1917, § 6704; 1930, § 6068; 1942, § 7719.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-107 - Organization and election of board of directors; selection of officers and adoption of bylaws

Upon the issuance of the proclamation by the governor, authorizing them so to do, and its recordation in the office of the secretary of state, the projectors shall meet and organize, and elect a board of directors of such number as they may see fit. The board, when elected, may select a president and such other officers and agents as it may deem expedient, fix their duties and compensation, and adopt by-laws.
Codes, 1892, § 3575; 1906, § 4076; Hemingway's 1917, § 6705; 1930, § 6069; 1942, § 7720; Laws, 1938, ch. 347.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-111 - Filing of statement showing date of organization, amount of entire capital stock, and shares into which divided

When organized, the board of directors shall file in the office of the secretary of state a statement, in writing, signed by the directors and sworn to by one of them, showing the date of the organization, the amount of the entire capital stock, and the shares into which divided. The secretary of state shall file and record the statement and certify the fact under the great seal. Thereupon the company so organized shall be a body corporate under the name specified, and may exercise its powers as such, but before so doing in any county, the said certificate, or a certified copy of it, with the application and governor's proclamation, shall be recorded in the record of deeds thereof.
Codes, 1892, § 3576; 1906, § 4077; Hemingway's 1917, § 6706; 1930, § 6070; 1942, § 7721.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-113 - Organization by purchasers of railroad sold under execution, deed of trust, or foreclosure

When any railroad shall be sold under execution, or under a deed of trust, or by a decree of a court enforcing a mortgage or other lien, the purchasers thereof and their assigns and successors shall be entitled to and be invested with all the franchises, rights, powers, privileges, and immunities, not inconsistent with the provisions of this article, appertaining to and possessed by the company or corporation whose property and franchises were sold. However, an exemption from taxation contained in any charter shall not pass to the purchaser.
Such purchasers and their assigns and successors may file with the secretary of state a statement in writing to the effect that they desire to operate the railroad so sold in accordance with the provisions and requirements of the charter of the company to which it belonged, and they shall thereupon become vested with all the powers, rights, privileges and benefits thereof not inconsistent with the provisions of this article, in the same manner and to the same extent as if they were the original incorporators of said company, and they shall thereby become a railroad corporation.
The said purchasers and assigns and successors may meet and organize a new corporation under the provisions of this article, and have all the powers, franchises, rights, privileges, and immunities provided herein, and none other, and may give it such a name as may be adopted. They shall fix the amount of the entire capital stock of the new corporation, as represented by the property and franchise bought, and otherwise organize as provided in this article.
Codes, 1892, §§ 3565, 3566; 1906, §§ 4065, 4066; Hemingway's 1917, §§ 6694, 6695; 1930, §§ 6097, 6098; 1942, §§ 7749, 7750; Laws, 1882, p. 47.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-115 - Amendment of railroad corporation charter

The charter of any railroad corporation organized under the provisions of this article may be amended in the manner following. A resolution adopted by the stockholders owning a majority of the stock, which shall describe fully all proposed changes desired to be made in the charter, shall be submitted to the governor. The governor shall submit the same to the attorney general and obtain his opinion, in writing, to be indorsed thereon, whether or not it be in conformity to law. If the opinion be that the application conforms to law, and the governor believes that the charter should be amended as desired, he shall indorse his approval thereon. The resolution, together with the indorsements of the attorney-general and the governor, shall be filed with the secretary of state, who shall record the same and certify the fact under the great seal. The resolution shall likewise be recorded in the records of deeds of each county through which the railroad constructed or to be constructed under such charter may run. When all this shall have been done, the proposed amendment of the charter shall become effective and thereafter the charter shall stand as though the amendment described in the resolution had been originally incorporated as a part of the charter.
Codes, 1906, § 4078; Hemingway's 1917, § 6707; 1930, § 6071; 1942, § 7722.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-119 - Consolidation of railroad corporations

Any railroad company organized and existing under the laws of this state and which is subject to the Interstate Commerce Commission Termination Act of 1995 shall have power to consolidate with any other railroad company, organized under the laws of this or any other state, and shall have power to purchase or lease the railroad, franchises, and properties of any other railroad company organized under the laws of this state, and to purchase and hold the capital stock or a part thereof of any other railroad company organized under the laws of this or any other state, wherever any such action has first been permitted by an act or acts of Congress and an order or orders of the U.S. Department of Transportation of the United States and of the commission. In the event of consolidation, the consolidated company shall become thereby a domestic corporation of the State of Mississippi.
Any railroad company organized and existing under the laws of this state and which is subject to the Interstate Commerce Commission Termination Act of 1995 shall have the power to merge with any other railroad company organized under the laws of this or any other state pursuant to the Mississippi Business Corporation Act.
Codes, 1930, § 6105; 1942, § 7757; Laws, 1924, ch. 178; Laws, 2002, ch. 407, § 1, eff. 7/1/2002.
Amended by Laws, 2018, ch. 332, SB 2213,§ 15, eff. 3/8/2018.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › INCORPORATION AND CONSOLIDATION OF RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-121) › Section 77-9-121 - Competing or parallel railroads shall not consolidate

Except as provided in Section
77-9-119
, it shall be unlawful for any railroad company to consolidate with a parallel or competing railroad company, or to allow its affairs to be in any manner managed, regulated, or controlled by any such parallel or competing railroad company, or permit its affairs to be so managed, regulated, or controlled by the same person or persons who manage, regulate, or control the affairs of such competing or parallel railroad company, under penalty of the forfeiture of the charters and franchises of such company or companies; all persons, agents, or companies so offending shall be liable to the further penalty of ten thousand dollars ($10,000.00). It shall further be unlawful for competing railroad companies operating parallel lines of road within twenty (20) miles of each other to lease or purchase, directly or indirectly, the opposing line or any part thereof or any interest therein. Such contracts, no matter in whose name made, are hereby prohibited under the penalties provided in this section.
Codes, 1892, § 3560; 1906, § 4057; Hemingway's 1917, § 6685; 1930, § 6106; 1942, § 7758; Laws, 1898, p. 95.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › GENERAL CORPORATE POWERS (§§ 77-9-141 — 77-9-193) › Section 77-9-141 - Powers, rights and privileges of railroad corporations

Except as limited, or otherwise prescribed, by valid federal statutes or lawful regulations made thereunder, every railroad corporation, organized under the provisions of this article, shall have and exercise the powers, rights and privileges set forth in Sections
77-9-143
through
77-9-183
.
Codes, 1892, § 3577; 1906, § 4079; Hemingway's 1917, § 6708; 1930, § 6072; 1942, § 7723.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › GENERAL CORPORATE POWERS (§§ 77-9-141 — 77-9-193) › Section 77-9-143 - [Repealed]

Repealed by Laws, 1997, ch. 460, § 11, eff. 7/1/1997.
Codes, 1892, § 3578; 1906, § 4080; Hemingway's 1917, § 6709; 1930, § 6073; 1942, § 7724.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › GENERAL CORPORATE POWERS (§§ 77-9-141 — 77-9-193) › Section 77-9-145 - Suing; having a common seal

To sue and be sued, to plead and to be impleaded, and to have and use a common seal.
Codes, 1892, § 3579; 1906, § 4081; Hemingway's 1917, § 6710; 1930, § 6074; 1942, § 7725.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › GENERAL CORPORATE POWERS (§§ 77-9-141 — 77-9-193) › Section 77-9-147 - Building and operating railroad

To build and construct, and thereafter to use, operate, own, sell, and enjoy the railroad as specified and defined in the application of the projectors for its creation and organization, with one or more tracks, and to construct and operate such branches, spurs, and laterals thereto as may be necessary or proper to develop the country through which its main line may extend. Upon the location of branches, spurs, or laterals, the company shall file in the Office of the Secretary of State a written statement showing the line thereof.
Codes, 1892, § 3580; 1906, § 4082; Hemingway's 1917, § 6711; 1930, § 6075; 1942, § 7726.
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 3 - RAILROADS AND RAILROAD CORPORATIONS (§§ 77-9-101 — 77-9-531) › GENERAL CORPORATE POWERS (§§ 77-9-141 — 77-9-193) › Section 77-9-149 - Collecting charges for transportation of persons and property

To charge and collect reasonable compensation for the transportation of persons and property on its road.
Codes, 1892, § 3580; 1906, § 4082; Hemingway's 1917, § 6711; 1930, § 6075; 1942, § 7726.