Mississippi Advisory Opinions May 19, 1995: AGO 000010107 (May 19, 1995)

AGO 000010107.

Dear Chairman Hebert:

Attorney General Mike Moore is in receipt of your request of May 19, 1995, for an official opinion of this office and assigned it to me for research and reply.

In your letter you ask the effect that certain amendments to the Mississippi Motor Carrier Regulatory Law, especially the amendments to the definitions of contract carrier and common carrier would have on the opinion to the Public Service Commissioners dated February 15, 1995. Specifically, you state:

"Mississippi Code, Ann. Section 77-7-7, has been amended to change the definition of common and contract carriers. In the amended statute, 77-7-7 (e) defines common carrier as "any person who or which undertakes, whether directly or by a lease or any other arrangement, to transport passengers or household goods." Further subsection (f) defines contract carrier as "any person, not included under subsection (e) of this section, who or which, under special and individual contracts or agreements, and whether directly or by a lease or any other arrangement, transports passengers or household goods." Subsection (g) of Section 77-7-7 defines restricted motor carrier as "all carriers of property, except household goods, by motor vehicle for compensation." Under the amended Mississippi statute 77-7-7, it is our understanding after conferring with counsel that a candidate for Mississippi Public Service Commissioner may accept campaign contribution from a restricted motor carrier. The prohibition would still exist as to common and/or contract carriers."

In our previous opinion, we stated that Section 601 of the Federal Aviation Administration Authorization Act of 1994, amending 49 USCS 11501 (the "Federal Act"), preempted state economic regulation of motor carriers (except carriers of household goods and passenger carriers) effective January 1, 1995. It was noted that Mississippi Code Ann. Section 77-1-11 makes it unlawful for any candidate for Public Service Commissioner to accept any campaign contribution from any person interested as owner, agent or representative of any common or contract carrier by motor vehicle. We stated that though the Federal Act preempted state economic regulation of intrastate motor carriers, except for carriers of household goods and passenger carriers, the federal statutes did not preempt the state definitions of common carrier and contract carrier and, thus, the enforceability of Section 77-1-11.

Since the issuance of the Opinion on February 15, 1995, Senate Bill No. 2511 was enacted to amend the Mississippi Motor Carrier Regulatory Law (the "State Act") in order to comply with the federal preemption by the Federal Act. The new State Act amends several sections of Title 77, Chapter 7, regarding regulation of motor carriers and changes the definitions of "common carrier by motor vehicle," "contract carrier by motor vehicle," and defines a new term "restricted motor carrier." The new State Act also revises Title 77, Chapter 7, to make all of the regulatory sections of Chapter 7 dealing with price, route or service apply only to common carriers and contract carriers as redefined, and not to the newly defined "restricted motor carriers."

Senate Bill 2571 amends Section 77-7-7 to provide, in part:

(e) The term "common carrier by motor vehicle" means any person who or which undertakes, whether directly or by a lease or any other arrangement, to transport passengers or household goods.

(f) The term "contract carrier by motor vehicle" means any person, not included under subsection (e) of this section, who or which, under special and individual contracts or agreements, and whether directly or by a lease or any other arrangement, transports passengers or household goods.

(g) The term "restricted motor carrier" means all carriers of property, except household goods, by motor vehicle for compensation.

The effect of the Federal Act, as implemented in this State by amendments to Title 77, Chapter 7, of the Mississippi Code, was to deregulate the trucking industry except for those carriers which transport passengers or household goods. This deregulated portion of the trucking industry is now referred to in the Mississippi statutes as "restricted motor carriers." After the amendments to Title 77, Chapter 7, of the Mississippi Code, the Mississippi Public Service Commission no longer has economic jurisdiction, supervision or control over restricted motor carriers.

Section 77-1-11 of the Mississippi Code prohibits campaign contributions to candidates for Public Service Commissioner from any common or contract carrier. That segment of the transportation industry now known as restricted motor carriers does not fall within the statutory definition of either a common carrier or a contract carrier and thus is not subject to the campaign contribution prohibition of Section 77-1-11 regarding common or contract carriers.

Section 77-1-11 contains a general catch-all provision which prohibits any campaign contribution to a candidate for Public Service Commissioner from "any other public utility that shall come under the jurisdiction or supervision of the Public Service Commission." "Public Utility" is specifically defined in Section 77-3-3(d), and this definition does not include any form of motor carrier. Thus, under neither the specific restriction of Section 77-1-11 nor the general restriction of Section 77-1-11, is the deregulated portion of the transportation industry now known as "restricted motor carriers" included.

If the Attorney General's Office can be of further assistance in this matter, please do not hesitate to call us.

Sincerely,

Mike Moore Attorney General

By: Frank Spencer Special Assistant Attorney General

MM/FS/rl cc: Commissioner Bo Robinson Commissioner Nielsen Cochran