MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Public Utilities

By: Representative Staples

House Bill 854

AN ACT TO REPEAL SECTIONS 77-3-709 AND 77-3-711, MISSISSIPPI CODE OF 1972, WHICH PROVIDE EXCEPTIONS TO THE MISSISSIPPI TELEPHONE SOLICITATION ACT; TO AMEND SECTION 77-3-715, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Sections 77-3-709 and 77-3-711, Mississippi Code of 1972, which provide exceptions to the Mississippi Telephone Solicitation Act, are repealed.

     SECTION 2.  Section 77-3-715, Mississippi Code of 1972, is amended as follows:

     77-3-715.  The commission may promulgate rules and regulations necessary to effectuate this article, including, but not limited to, the following:

          (a)  The methods by which consumers may give notice to the commission or its contractor of their objection to receive solicitations or revocation of the notice;

          (b)  The methods by which a notice of objection becomes effective and the effect of a change of telephone number on the notice;

          (c)  The methods by which objections and revocations are collected and added to the database;

          (d)  The methods by which a person or entity desiring to make telephone solicitations may obtain access to the database as required to avoid calling the telephone number of consumers included in the database;

          (e)  The process by which the database is updated, and the frequency of updates;

          (f)  The process by which telephone solicitors must register with the commission for the purpose of conducting telephonic solicitations in the state;

          (g)  The establishment of fees to be charged by the commission or its contractor to telephone solicitors for access to or for paper or electronic copies of the database on an annual basis; and

 * * *  (h)  The establishment of a written policy which clearly articulates the circumstances under which the commission, in its discretion, may allow exceptions to the provisions of this article pursuant to Section 77-3-703; and

          ( * * *ih)  All other matters relating to the database that the commission deems necessary.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2019.