MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Utilities
By: Representative Arnold
AN ACT TO AMEND SECTION 77-3-725, MISSISSIPPI CODE OF 1972, TO INCREASE THE CIVIL PENALTIES FOR VIOLATIONS OF THE MISSISSIPPI TELEPHONE SOLICITATION ACT; TO REVISE THE DISTRIBUTION OF THE PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 77-3-725, Mississippi Code of 1972, is amended as follows:
77-3-725. The commission
may investigate alleged violations and initiate proceedings relative to a
violation of this article or any rules and regulations promulgated pursuant to
this article. Such proceedings include, without limitation, proceedings to
issue a cease and desist order, and to issue an order imposing a civil penalty
not to exceed * * * One Hundred Thousand Dollars
($100,000.00) for each violation. The commission shall afford an
opportunity for a fair hearing to the alleged violator(s) after giving written
notice of the time and place for said hearing. Failure to appear at any such
hearing may result in the commission finding the alleged violator(s) liable by
default. Any telephone solicitor found to have violated this article, pursuant
to a hearing or by default, may be subject to a civil penalty not to exceed * * * One
Hundred Thousand Dollars ($100,000.00) for each violation to be assessed
and collected by the commission. Each telephonic communication shall
constitute a separate violation.
* * * Ten percent (10%) of the penalties
collected by the commission shall be deposited in the special fund created
under Section 77-3-721 for the administration of this article, ten percent
(10%) of the penalties shall be deposited into a special fund created in the
State Treasury for the purpose of funding a Highway Patrol Trooper School,
forty percent (40%) of the penalties shall be deposited into the Local System
Bridge Replacement and Rehabilitation Fund and forty percent (40%) of the
penalties shall be deposited into a special fund created in the State Treasury
to be administered by the State Aid Engineer for the purpose of providing
funding for municipal roads and bridges by municipalities with a population of
fifteen thousand (15,000) or less in accordance with the latest federal
decennial census. The State Aid Engineer shall distribute funding to eligible
municipalities on a pro rata basis.
The commission may issue subpoenas, require the production of relevant documents, administer oaths, conduct hearings, and do all things necessary in the course of investigating, determining and adjudicating an alleged violation.
The remedies, duties, prohibitions and penalties set forth under this article shall not be exclusive and shall be in addition to all other causes of action, remedies and penalties provided by law, including, but not limited to, the penalties provided by Section 77-1-53.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.