Public Service Commission; remove from the provisions of the MS Budget Transparency and Simplification Act.

H. B. No. 712 *HR43/R318* ~ OFFICIAL ~ G1/2
26/HR43/R318
PAGE 1 (MCL\KP)

To: Public Utilities;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Bounds

HOUSE BILL NO. 712

AN ACT TO AMEND SECTION 27-104-205, MISSISSIPPI CODE OF 1972, 1
TO REMOVE THE REQUIREMENT THAT THE MISSISSIPPI PUBLIC SERVICE 2
COMMISSION BE FUNDED BY APPROPRIATIONS FROM THE STATE GENERAL 3
FUND; TO AMEND SECTIONS 77-1-6, 77-1-15, 77-1-29, 77-1-53, 77-3-8, 4
77-3-87, 77-3-89, 77-3-503, 77-3-507, 77-3-509 AND 77-11-201, 5
MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISIONS OF LAW 6
REQUIRING CERTAIN EXPENSES OF THE MISSISSIPPI PUBLIC SERVICE 7
COMMISSION TO BE DEFRAYED BY APPROPRIATION FROM THE STATE GENERAL 8
FUND; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 27-104-205, Mississippi Code of 1972, is 11
amended as follows: 12
27-104-205. (1) From and after July 1, 2016, the expenses 13
of the following enumerated state agencies shall be defrayed by 14
appropriation of the Legislature from the State General Fund: the 15
State Fire Marshal, the State Fire Academy (not including the 16
State Fire Academy Workforce Program Fund), the Office of 17
Secretary of State (not including the Preneed Contracts Loss 18
Recovery Fund, Land Records Maintenance Fund), * * * the 19
Mississippi Department of Information Technology Services, (not 20
including the Mississippi Department of Information Technology 21
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 2 (MCL\KP)

Services Revolving Fund), the State Personnel Board, the 22
Mississippi Department of Insurance (not including the Municipal 23
Fire Protection Fund, Section 83-1-37, the County Volunteer Fire 24
Department Fund, Section 83-1-39, and the Mississippi Propane 25
Education and Research Fund, Section 75-57-119), the Mississippi 26
Law Enforcement Officers' Minimum Standards Board, the Mississippi 27
Gaming Commission, the Office of the State Public Defender, the 28
Mississippi Workers' Compensation Commission (not including the 29
Second Injury Trust Fund) and the Office of Attorney General. 30
Beginning July 1, 2016, any fees, assessments or other revenues 31
charged for the support of the above-named state agencies shall be 32
deposited into the State General Fund, and any special fund or 33
depository established within the State Treasury for the deposit 34
of such fees, assessments or revenues shall be abolished and the 35
balance transferred to the State General Fund. Expenses 36
heretofore drawn from such special funds or other depositories 37
shall be drawn from the agencies' General Fund Account. 38
(2) Beginning with the fiscal year ending June 30, 2016, the 39
amount to be appropriated annually from the State General Fund for 40
the support of each of the above-named state agencies shall not 41
exceed the amount appropriated for such purpose in the preceding 42
fiscal year, plus any increases in or additional fees, assessments 43
or other charges authorized by act of the Legislature for the 44
succeeding fiscal year. 45
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 3 (MCL\KP)

(3) The provisions of this section shall not apply to any 46
trust fund account that is maintained by any above-named agency. 47
(4) The provisions of this section shall not prohibit any of 48
the above-named agencies from maintaining clearing accounts in 49
approved depositories. 50
(5) The provisions of this section shall not apply to any 51
trust fund accounts maintained by the Public Employees' Retirement 52
System and protected under Section 272A of the Mississippi 53
Constitution of 1890. 54
SECTION 2. Section 77-1-6, Mississippi Code of 1972, is 55
amended as follows: 56
77-1-6. There is * * * established in the State Treasury a 57
special fund to be known as the "Public Service Commission 58
Regulation Fund." Such fund shall be the sole fund of the 59
commission for all monies collected and deposited to the credit of 60
or appropriated to the commission. The fund shall be administered 61
as provided in this title and shall be audited annually by the 62
State Auditor. 63
* * * 64
SECTION 3. Section 77-1-15, Mississippi Code of 1972, is 65
amended as follows: 66
77-1-15. (1) There shall be an executive secretary of the 67
commission, * * * referred to in this chapter as the secretary, to 68
be appointed by the commission, by and with the advice and consent 69
of the Senate, for the term of the commissioners. The secretary 70
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 4 (MCL\KP)

must have the same qualifications as the commissioners and shall 71
be subject to the same disqualifications and to like penalties, 72
except that he shall not be liable to impeachment. He shall 73
receive a salary fixed by the Legislature. He shall take the oath 74
of office and shall be removable at the pleasure of the 75
commission, which may fill any vacancy until the Senate confirms a 76
successor. The secretary shall make bond as provided for other 77
state officers, in the sum of Ten Thousand Dollars ($10,000.00), 78
conditioned upon the faithful performance of the duties of his 79
office. 80
(2) The secretary shall collect all fees and penalties 81
collected by or paid to the commission, and shall cover the same 82
into the State Treasury. 83
(3) The secretary of the commission shall be the custodian 84
of all records, documents, and the seal of the commission. He 85
shall issue all citations, subpoenas and other rightful orders and 86
documents, and perform all other duties usually required of such 87
officer, and as required by the commission. 88
(4) It shall be the duty and responsibility of the secretary 89
to supervise and manage the offices and staff of the Public 90
Service Commission and formulate written policies and procedures 91
for the effective and efficient operation of the office and 92
present these policies and procedures to the board for 93
promulgation. 94
* * * 95
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 5 (MCL\KP)

SECTION 4. Section 77-1-29, Mississippi Code of 1972, is 96
amended as follows: 97
77-1-29. On or before the twentieth day of each calendar 98
month, the commission shall pay into the State Treasury to the 99
account of the "Public Service Commission Regulation Fund" all 100
monies collected by it during the preceding calendar month, 101
showing from whom collected, when collected and for what purposes 102
collected. All disbursements made by the commission or from the 103
regulation fund for any purposes, other than for salaries provided 104
by law, shall be supported by a detailed and itemized statement 105
approved by the commission for commission disbursements. The 106
commission shall not expend funds from the "Public Service 107
Commission Regulation Fund" to employ personnel whose services 108
would duplicate services provided by any employee of the Public 109
Utilities Staff. 110
* * * 111
SECTION 5. Section 77-1-53, Mississippi Code of 1972, is 112
amended as follows: 113
77-1-53. (1) Whenever the commission, an employee of the 114
commission or any employee of the Public Utilities Staff has 115
reason to believe that a willful and knowing violation of any 116
statute administered by the commission or any regulation or any 117
order of the commission has occurred, the commission may cause a 118
written complaint to be served upon the alleged violator or 119
violators. The complaint shall specify the provisions of such 120
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 6 (MCL\KP)

statute, regulation or order alleged to be violated and the facts 121
alleged to constitute a violation thereof and shall require that 122
the alleged violator appear before the commission at a time and 123
place specified in the notice and answer the charges complained 124
of. The time of appearance before the commission shall not be 125
less than twenty (20) days from the date of the service of the 126
complaint, unless the commission finds that the public convenience 127
or necessity requires that such hearing be held at an earlier 128
date. 129
(2) The commission shall afford an opportunity for a fair 130
hearing to the alleged violator or violators at the time and place 131
specified in the complaint. On the basis of the evidence produced 132
at the hearing, the commission shall make findings of fact and 133
conclusions of law and enter its order, which in its opinion will 134
be in the best interests of the consuming public. Failure to 135
appear at any such hearing, without prior authorization to do so 136
from the commission, may result in the commission finding the 137
alleged violator guilty of the charges complained of by default, 138
and at such time an order may be entered, including the assessment 139
of a penalty. The commission shall give written notice of such 140
order to the alleged violator and to such other persons as shall 141
have appeared at the hearing or made written request for notice of 142
the order. The commission may assess such penalties as provided 143
in subsection (3) of this section. 144
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 7 (MCL\KP)

(3) Any person found by the commission, pursuant to a 145
hearing or by default as provided in this section, violating any 146
statute administered by the commission, or any regulation or order 147
of the commission in pursuance thereof, shall be subject to a 148
civil penalty of not more than Five Thousand Dollars ($5,000.00) 149
for each violation, to be assessed and collected by the 150
commission. Each day that a violation continues shall constitute 151
a separate violation. In lieu of, or in addition to, the monetary 152
penalty, the commission, for any violation by a certificate 153
holder, may impose a penalty in accordance with Section 154
77-3-21 * * * if it finds that the violator is not rendering 155
reasonably adequate service. Appeals from the imposition of the 156
civil penalty may be taken to the Circuit Court of the First 157
Judicial District of Hinds County in the same manner as appeals 158
from orders of the commission constituting judicial findings. 159
(4) All penalties collected by the commission under this 160
section shall be deposited in the Public Service Commission 161
Regulation Fund. 162
(5) No portion of any penalty or costs associated with an 163
administrative or court proceeding which results in the assessment 164
of a penalty against a public utility for violation of any statute 165
administered by the commission, or any regulation or order of the 166
commission, shall be considered by the commission in fixing any 167
rates or charges of such public utility. 168
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 8 (MCL\KP)

(6) This section shall be in addition to any other law which 169
provides for the imposition of penalties for the violation of any 170
statute administered by the commission or any regulation or order 171
of the commission. 172
* * * 173
SECTION 6. Section 77-3-8, Mississippi Code of 1972, is 174
amended as follows: 175
77-3-8. (1) There is established in the commission a Public 176
Service Commission staff, which staff shall be a unit, remain as a 177
unit therein, and be responsive to the commission. The Public 178
Service Commission staff shall consist of a sufficient number of 179
professional, administrative, technical, clerical and other 180
personnel as may be necessary for the staff to perform its duties 181
and responsibilities as * * * provided in this chapter. All such 182
personnel of the Public Service Commission staff shall be 183
recommended by the executive secretary and hired or rejected by 184
the commission. Personnel shall be dismissed only for cause in 185
accordance with the rules and regulations of the State Personnel 186
Board. The personnel of the Public Service Commission staff shall 187
be compensated and reimbursed for their actual and necessary 188
expenses, including food, lodging and travel, by the commission 189
from the Public Service Commission Regulation Fund established by 190
Section 77-1-6, and as authorized by Section 25-3-41. The Public 191
Service Commission staff shall be responsible for gathering and 192
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 9 (MCL\KP)

analyzing information relating to all matters within the authority 193
of the commission. 194
(2) The State Personnel Board shall establish and maintain 195
entry-level salaries sufficiently competitive to attract 196
competent, qualified applicants for the specialized skills and 197
positions required by this section without regard to the salaries 198
paid the commissioners and notwithstanding any other provisions of 199
law to the contrary. The State Personnel Board shall authorize, 200
where necessary, a range of salaries within which salary 201
negotiations may be conducted for those positions for which 202
specific knowledge, skills and abilities are set forth herein. 203
(3) The Public Service Commission staff shall perform such 204
duties as are assigned to them by the commission. 205
* * * 206
SECTION 7. Section 77-3-87, Mississippi Code of 1972, is 207
amended as follows: 208
77-3-87. All reasonable and necessary expenses of the 209
administration of the duties imposed on the Public Utilities Staff 210
and on the commission by Title 77, Mississippi Code of 1972, 211
excluding the reasonable and necessary expenses of the 212
administration and enforcement by the commission of the laws of 213
this state pursuant to Chapters 7 and 9, Title 77, Mississippi 214
Code of 1972, shall be provided as follows: There is * * * levied 215
a tax upon (a) all utilities, the rates of which are subject to 216
regulation by the provisions of this chapter, and upon (b) all 217
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 10 (MCL\KP)

utilities not subject to such rate regulation which furnish to the 218
ultimate consumer utility services of the type described by 219
subparagraph (i) of paragraph (d) of Section 77-3-3 and otherwise 220
subject to regulation by the provisions of this chapter, such levy 221
to be effective on the first day of each year and to be calculated 222
as follows: The rate of the tax shall be one hundred sixty-four 223
thousandths of one percent (164/1000 of 1%) per year, of the gross 224
revenues from the intrastate operations of the utilities taxed 225
under this section. The rate of the tax for electric power 226
associations and rural electrification authorities shall be ninety 227
thousandths of one percent (90/1000 of 1%) per year of the gross 228
revenues from the intrastate operations of electric power 229
associations and rural electrification authorities taxed under 230
this section. * * * The sum of all taxes levied by this section 231
shall not exceed the total legislative appropriation of 232
monies * * * from the Public Utilities Staff Regulation Fund and 233
the Public Service Commission Regulation Fund for the ensuing 234
fiscal year. The commission and the executive director of the 235
Public Utilities Staff shall certify to the Department of Revenue 236
the amount of legislative appropriations of monies for the 237
regulation of utilities. The Department of Revenue shall adjust 238
the tax rates on a pro rata basis to generate the necessary 239
revenues established by such legislative appropriations. Each 240
utility which is subject to the tax levied by this section shall 241
file a statement of its gross revenue by April 1 of each year 242
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 11 (MCL\KP)

showing the gross revenue for the preceding year's operation. 243
These statements of gross revenue shall be filed with the 244
Department of Revenue on forms prescribed and furnished by the 245
Department of Revenue. The Department of Revenue shall file a 246
copy of these statements of gross revenue with the Public 247
Utilities Staff and the commission. The Department of Revenue 248
shall calculate the amount of tax to be paid by each of the 249
utilities and shall submit a statement thereof to the respective 250
utilities, and the amount shown due in the statements to the 251
utilities shall be paid by them within thirty (30) days thereafter 252
to the Department of Revenue. The Department of Revenue shall 253
furnish the Public Utilities Staff and the commission with an 254
itemized list showing gross and net revenues, assessments, tax 255
collections and other related information for the respective 256
utilities. The Department of Revenue shall * * * pay these funds 257
into the * * * State Treasury on the same day collected to the 258
credit of the Public Utilities Staff Regulation Fund and the 259
Public Service Commission Regulation Fund in the proportion that 260
the legislative appropriation of monies from each fund for the 261
regulation of utilities for the ensuing fiscal year bears to the 262
total legislative appropriation of monies from both funds for the 263
regulation of utilities for the ensuing fiscal year. 264
All administrative provisions of the Mississippi Sales Tax 265
Law, including those which fix damages, penalties and interest for 266
nonpayment of taxes and for noncompliance with the provisions of 267
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 12 (MCL\KP)

such chapter, and all other duties and requirements imposed upon 268
taxpayers, shall apply to all persons liable for taxes under the 269
provisions of this chapter, and the Commissioner of Revenue shall 270
exercise all the power and authority and perform all the duties 271
with respect to taxpayers under this chapter as are provided in 272
the Mississippi Sales Tax Law except where there is a conflict, 273
then the provisions of this chapter shall control. The term 274
"gross revenue" as used in this section is the total amount of all 275
revenue derived by each of the utilities from its intrastate 276
operations, which are subject to rate regulation under the 277
provisions of this chapter or which constitute utility services of 278
the type described by subparagraph (i) of paragraph (d) of Section 279
77-3-3 and which are regulated by this chapter and furnished to 280
ultimate consumers. The Department of Revenue is * * * authorized 281
to use all tax returns of any utilities available to it and to 282
make audits as may be deemed necessary of all records of utilities 283
in order to correctly determine the amount of such gross revenue. 284
All proceeds of the above-mentioned tax are * * * to be 285
allocated to the Public Utilities Staff and to the commission in 286
the manner provided in this section for the purpose of this 287
chapter. 288
Each utility subject to the provisions of this section shall 289
be allowed to recover, through the use of a rate adjustment clause 290
or rider, the total amount of taxes paid by the utility pursuant 291
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 13 (MCL\KP)

to this section for the reasonable and necessary expenses of the 292
commission and the Public Utilities Staff. 293
* * * 294
SECTION 8. Section 77-3-89, Mississippi Code of 1972, is 295
amended as follows: 296
77-3-89. It shall be the duty of the State Auditor to advise 297
the commission of the amount of money on hand in the "Public 298
Service Commission Regulation Fund" from time to time. All 299
expenses of the commission authorized by this article, or any 300
other act of the Legislature, shall be paid by the State Treasurer 301
upon warrants issued by the State Fiscal Officer, which warrants 302
shall be issued upon requisition signed by the chairman of the 303
commission and countersigned by one (1) of the commissioners. 304
* * * The requisition shall show upon its face the purpose for 305
which the payment is being made by reference to the minute book in 306
which such payment was authorized. It shall be unlawful for any 307
person to withdraw any money from * * * the fund other than by 308
requisition issued as * * * provided in this section. A record of 309
all requisitions issued by the commission showing to whom, for 310
what purpose, and date issued, shall be placed upon the minute 311
books of the commission and shall become a part of the official 312
record of the commission. 313
The books and accounts of the commission shall be audited at 314
the end of each fiscal year, and at any other time deemed 315
necessary, by the State Auditor, and a copy of such audits shall 316
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 14 (MCL\KP)

be furnished to the Governor and the commission. The State 317
Auditor may prescribe such further accounting procedure as he 318
deems necessary for the withdrawal of funds by the commission 319
from * * * the special fund. All requisitions drawn in compliance 320
with this article shall be honored by the State Auditor and the 321
funds disbursed in accordance therewith. The commission shall 322
file a report at each regular session of the Legislature showing 323
the expenditure of all funds by the commission. 324
The "Public Utilities Staff Regulation Fund" shall be 325
administered in accordance with Section 77-2-19. 326
* * * 327
SECTION 9. Section 77-3-503, Mississippi Code of 1972, is 328
amended as follows: 329
77-3-503. The following terms and phrases, when used in this 330
article, shall have the following meaning ascribed to them, except 331
where the context clearly indicates a different meaning: 332
(a) "Deaf person" means an individual who is unable to 333
hear and understand oral communication, with or without the 334
assistance of amplification devices. 335
(b) "Dual party relay system" means a procedure whereby 336
a deaf, hearing or speech impaired TDD user can communicate with 337
an intermediary party, who then orally relays the first party's 338
message or request to a third party, or vice versa. 339
(c) "Exchange access facility" means the access from a 340
particular telephone subscriber's premise to the telephone system 341
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 15 (MCL\KP)

of a local exchange telephone company. Exchange access facilities 342
include local exchange company provided access lines, private 343
branch exchange trunks and centrex network access registers, all 344
as defined by tariffs of telephone companies as approved by the 345
commission. 346
(d) "Hard of hearing person" means an individual who 347
has suffered a permanent hearing loss which is severe enough to 348
necessitate the use of amplification devices to hear oral 349
communication. 350
(e) "Hearing impaired person" means a person who is 351
deaf or hard of hearing. 352
(f) "Ring signaling device" means a mechanism such as a 353
flashing light which visually indicates that a communication is 354
being received through a telephone line. This phrase also means a 355
mechanism such as adjustable volume ringers and buzzers which 356
audibly and loudly indicate an incoming telephone communication. 357
(g) "Speech impaired person" means an individual who 358
has suffered a loss of oral communication ability which prohibits 359
normal usage of a standard telephone handset. 360
(h) "Telecommunications device" or "telecommunications 361
device for the deaf, hearing or speech impaired" or "TDD" means a 362
keyboard mechanism attached to or in place of a standard telephone 363
by some coupling device used to transmit or receive signals 364
through telephone lines. 365
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 16 (MCL\KP)

(i) "Telephone company" means every corporation, 366
company, association, joint stock association, partnership, and 367
person and their lessees, trustees or receivers appointed by any 368
court whatsoever, and every city or town owning, operating or 369
managing any telephone line or part of a telephone line used in 370
the conduct of the business of affording telephonic communication 371
service for hire within this state. 372
(j) "Telephone line" includes conduits, ducts, poles, 373
wires, cables, crossarms, receivers, transmitters, instruments, 374
machines, appliances, instrumentalities and all devices, including 375
radio and other advancements of the art of telephony, real estate, 376
easements, apparatus, property and routes used and operated to 377
facilitate the business of affording telephonic communication 378
services to the public for hire within this state. 379
(k) "Trust fund" means the Dual Party Relay Service 380
Trust Fund, which is a specific trust to be created by the Public 381
Service Commission and to be established, invested, managed and 382
maintained for the exclusive purpose of fulfilling the provisions 383
of this article according to Public Service Commission rules and 384
regulations. 385
* * * 386
SECTION 10. Section 77-3-507, Mississippi Code of 1972, is 387
amended as follows: 388
77-3-507. (1) The Public Service Commission may impose upon 389
all local exchange telephone companies operating in the State of 390
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 17 (MCL\KP)

Mississippi a monthly relay service fee in an amount to be 391
determined by the commission based upon the amount of funding 392
necessary to accomplish the purposes of this article and to 393
provide dual party telephone relay services on a continuous basis. 394
Such fees shall be paid by the local exchange companies to the 395
credit of the Dual Party Relay Service Trust Fund. The commission 396
may authorize local exchange companies to recover relay service 397
fees through a surcharge on their customers in the manner 398
prescribed by the commission. The relay service fees remitted by 399
the local exchange companies shall not be subject to any tax, fee 400
or assessment, nor shall it be considered revenue of the local 401
exchange companies. The Dual Party Relay Service Trust Fund shall 402
be credited with all interest income and earnings of the fund. 403
The fund shall be established, invested and managed for the 404
exclusive purpose of fulfilling the provisions of this article 405
according to rules and regulations established by the Public 406
Service Commission. 407
(2) Monies in the fund shall also include any appropriations 408
authorized by the Legislature, any available funds authorized by 409
the Public Service Commission, grants from other governmental or 410
private entities, and any contributions or donations received by 411
the Public Service Commission for the dual party relay service. 412
All monies in the Dual Party Relay Service Trust Fund shall be 413
used solely for the administration and operation of a statewide 414
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 18 (MCL\KP)

program to provide telecommunications access to persons who are 415
speech and hearing impaired or similarly impaired. 416
(3) The users of the relay service shall be charged for 417
telephone services, without additional charges for the use of the 418
relay service other than any surcharge which may be imposed upon 419
them under this section. The calling or called party shall bear 420
an expense for making intrastate nonlocal calls considered and 421
approved by the Public Service Commission as being equitable in 422
comparison with non-TDD or DPR service customers. 423
* * * 424
SECTION 11. Section 77-3-509, Mississippi Code of 1972, is 425
amended as follows: 426
77-3-509. (1) On or before August 1, 1990, the Public 427
Service Commission shall appoint an advisory committee to monitor 428
the statewide telecommunications relay access service and advise 429
and make recommendations to the Public Service Commission in 430
pursuing services which meet the needs of the hearing or speech 431
impaired and others similarly impaired in communicating with other 432
users of telecommunications services. 433
(2) The advisory committee shall be composed of: 434
(a) One (1) deaf person recommended by the Mississippi 435
Association of the Deaf; 436
(b) One (1) speech or hearing impaired person 437
recommended by the Mississippi Association for Retired Persons; 438
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 19 (MCL\KP)

(c) One (1) person recommended by the Coalition of 439
Citizens with Disabilities; 440
(d) One (1) representative of telecommunications 441
utilities chosen from a list of candidates provided by the 442
Mississippi/Alabama Telephone Association; 443
(e) One (1) representative of the Mississippi Speech 444
and Hearing Association; 445
(f) One (1) representative of the Veterans 446
Administration; 447
(g) One (1) representative from Vocational 448
Rehabilitation Deaf Services; 449
(h) One (1) hearing impaired representative of the 450
Mississippi School for the Deaf; 451
(i) Two (2) representatives chosen from the Public 452
Service Commission's staff and employees; 453
(j) One (1) person appointed by the Speaker of the 454
House of Representatives; 455
(k) One (1) person appointed by the Lieutenant Governor 456
of the Senate; 457
(l) One (1) representative from the provider of the DPR 458
service; and 459
(m) Three (3) "at-large" individuals who have 460
particular skills, knowledge, experience or ability but who are 461
not necessarily speech or hearing impaired or otherwise affiliated 462
with an organization serving the speech or hearing impaired. 463
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 20 (MCL\KP)

The commission, in its discretion, may name a successor or 464
similar organization to be represented on the committee if an 465
organization or agency named in this subsection ceases to exist. 466
(3) The committee shall be appointed based on candidate 467
names submitted by the recommending agency or organization. Each 468
member of the advisory committee shall serve for a term of two (2) 469
years. A member whose term has expired shall continue to serve 470
until a qualified replacement is appointed. The members of the 471
advisory committee shall serve without compensation but shall be 472
entitled to reimbursement for travel and expenses incurred in the 473
performance of their official duties and per diem, which shall be 474
paid out of the trust fund on the same basis established for state 475
employees. 476
* * * 477
SECTION 12. Section 77-11-201, Mississippi Code of 1972, is 478
amended as follows: 479
77-11-201. All reasonable and necessary operating expenses 480
of the administration of the duties imposed by law upon the Public 481
Service Commission, including the salaries of personnel, in its 482
regulation, inspection and supervision of municipally owned and/or 483
operated gas utilities operating within the State of Mississippi 484
shall be provided as follows: There is * * * levied a tax * * * 485
equal to the sum of Twenty-five Thousand Dollars ($25,000.00) per 486
year, which shall be prorated by the * * * Department of Revenue 487
among the municipally owned and/or operated gas utilities * * * 488
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 21 (MCL\KP)

that are subject to the tax levied by this section each year, 489
according to the gross revenue of each of such utilities from 490
their intrastate operation during the calendar year preceding the 491
assessment. Each utility which is subject to the tax levied by 492
this section shall file a statement of such gross revenue by April 493
1 of each year showing the gross revenue for the preceding year's 494
operation. These statements of gross revenue shall be filed with 495
the commission and a copy thereof filed with the * * * Department 496
of Revenue. The * * * Department of Revenue shall * * * calculate 497
the pro rata amount of tax to be paid by each of * * * the 498
utilities in order to provide the total amount * * * stated in 499
this section and shall * * * submit a statement * * * for the 500
amount due to the respective utilities * * *. The amount shown 501
due in such statements to the respective utilities shall be paid 502
by the respective utilities within thirty (30) days thereafter to 503
the * * * Department of Revenue. The * * * Department of Revenue 504
shall pay such funds into the State Treasury on the same day 505
collected to the credit of the "Municipality Owned and/or Operated 506
Gas Utilities Special Fund." All administrative provisions of the 507
Mississippi Sales Tax Law, including those which fix damages, 508
penalties and interest for nonpayment of taxes and for 509
noncompliance with the provisions of such chapter, and all other 510
duties and requirements imposed upon taxpayers, shall apply to all 511
persons liable for taxes under the provisions of this chapter, and 512
the * * * Commissioner of Revenue shall exercise all the power and 513
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 22 (MCL\KP)

authority and perform all the duties with respect to taxpayers 514
under this chapter as are provided in the Mississippi Sales Tax 515
Law except where there is a conflict, then the provisions of this 516
chapter shall control. The term "gross revenue" as used in this 517
section shall be deemed to be the total amount of all revenue 518
derived by each of such utilities from its intrastate operations, 519
and the * * * Department of Revenue is * * * authorized to make 520
such audits as may be deemed necessary of any and all records of 521
such utilities in order to correctly determine the amount of such 522
gross revenue. It shall be the duty of the Department of Finance 523
and Administration to advise the commission of the amount of money 524
on hand from time to time. All expenses of the commission 525
authorized by this section or any other act of the Legislature 526
shall be paid by the State Treasurer upon warrants issued by the 527
Department of Finance and Administration, which warrants shall be 528
issued upon requisition signed by the chairman of the commission 529
and countersigned by one (1) of the commissioners, and * * * the 530
requisition shall show upon its face the purpose for which the 531
payment is being made by reference to the minute book in which 532
such payment was authorized. It shall be unlawful for any person 533
to withdraw any money from * * * the fund other than by 534
requisition issued as provided * * * in this section. A record of 535
all requisitions issued by the commission showing to whom, for 536
what purpose, and date issued shall be placed upon the minute 537
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 23 (MCL\KP)

books of the commission and shall become a part of the official 538
records of the commission. 539
The books and accounts of the commission shall be audited at 540
the end of each fiscal year, and at any other time deemed 541
necessary, by the State Auditor, and a copy of such audits shall 542
be furnished to the Governor and the commission. The State 543
Auditor may prescribe such further accounting procedure as he 544
deems necessary for the withdrawal of funds by the commission 545
from * * * the special fund. All requisitions drawn in compliance 546
with this section shall be honored by the Department of Finance 547
and Administration and the funds disbursed in accordance 548
therewith. The commission shall file a report at each regular 549
session of the Legislature showing the expenditure of all funds by 550
the commission. All proceeds of the above-mentioned tax are * * * 551
to be allocated to the commission for the purpose of this section. 552
In the event the funds provided by * * * the tax exceed the amount 553
necessary for the purposes of this section at the end of any 554
fiscal year, the commission shall certify the amount which the 555
commission estimates will be necessary for the commission for each 556
fiscal year to the * * * Department of Revenue, and the * * * 557
Department of Revenue shall reduce the tax * * * imposed by this 558
section to such amount for the next fiscal year and shall collect 559
the proportionate amount thereof as * * * provided in this 560
section. 561
* * * 562
H. B. No. 712 *HR43/R318* ~ OFFICIAL ~
26/HR43/R318
PAGE 24 (MCL\KP)
ST: Public Service Commission; remove from the
provisions of the MS Budget Transparency and
Simplification Act.
SECTION 13. This act shall take effect and be in force from 563
and after its passage. 564