Bill Text: MS HB1012 | 2013 | Regular Session | Introduced
Bill Title: Public utilities; clarify that percentage of gross revenue paid to cities shall be based on all customer sales within cities.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB1012 Detail]
Download: Mississippi-2013-HB1012-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Utilities
By: Representative Baker
House Bill 1012
AN ACT TO AMEND SECTION 77-3-17, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT WHEN PUBLIC UTILITIES AND COOPERATIVES PAY TWO PERCENT (2%) OF THEIR GROSS REVENUE FROM SALES TO MUNICIPALITIES, THE PERCENTAGE SHALL BE BASED UPON ALL CUSTOMERS WITHIN THE MUNICIPALITIES THAT THE PUBLIC UTILITIES AND COOPERATIVES SERVE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 77-3-17, Mississippi Code of 1972, is amended as follows:
77-3-17. In addition to such
other rights as it may have to use the streets, alleys and public places of a
municipality, a public utility which holds a certificate of public convenience
and necessity granted under the provisions of this article covering the
geographical area of such municipality, and which * * *
is operating under a municipal franchise on March 29, 1956, or * * *
shall have previously operated under such a municipal franchise which has
expired within five (5) years prior to said date, or * * *
which shall hereafter operate under a municipal franchise hereafter granted,
may, after the expiration of any such franchise continue to use the streets,
alleys and public places therein situated upon condition that * * *
such utility shall pay * * * said the municipality compensation therefor at the rate of two
percent (2%) of * * * the
utility's gross revenue from sales to * * * customers within * * * the municipality, in the
case of a utility defined in subparagraphs (i) and (ii) of paragraph (d) of
Section 77-3-3 and in the case of a utility defined in subparagraph (iii) of
paragraph (d) of said section, the * * * utility shall pay two percent (2%) of the
monthly service charges in * * * the municipality whether * * * the utility has a franchise to
operate therein or not, such payments to be made quarterly of each year, and * * *
after the expiration of such franchise the municipality, or any customer of
such utility in such municipality, upon appropriate petition, shall be entitled
to a hearing as to whether or not the certificate of convenience and necessity
may then and thereafter be granted on a permanent basis. Any cooperative which
shall operate within any area of a municipality shall likewise pay such
municipality two percent (2%) of the cooperative's gross revenue from sales to * * * customers within * * * the municipality.
Any municipality shall have the right to acquire by purchase, negotiation or condemnation the facilities of any utility that is now or may hereafter be located within the corporate limits of such municipality; provided, however, prior to any municipality exercising the right of eminent domain as provided herein, the commission shall determine that the certificate of public convenience and necessity granted to the utility pursuant to Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in Section 77-3-21.
SECTION 2. This act shall take effect and be in force from and after its passage.
