Bill Text: MS HB1077 | 2020 | Regular Session | Introduced
Bill Title: Telecommunications Fraud Prevention and Utility Infrastructure Protection Act; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-12 - Died On Calendar [HB1077 Detail]
Download: Mississippi-2020-HB1077-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Utilities
By: Representative Bain
House Bill 1077
AN ACT TO ENACT THE "TELECOMMUNICATIONS FRAUD PREVENTION AND UTILITY INFRASTRUCTURE PROTECTION ACT"; TO PROVIDE THE MISSISSIPPI PUBLIC SERVICE COMMISSION WITH THE POWER TO ENTER INTO JOINT INVESTIGATIVE AGREEMENTS WITH OTHER LAW ENFORCEMENT AGENCIES; TO PROVIDE THE COMMISSION WITH THE AUTHORITY TO EMPLOY OR DESIGNATE FRAUD AND ENFORCEMENT AGENTS WHO SHALL BE CERTIFIED LAW ENFORCEMENT OFFICERS APPOINTED BY THE COMMISSION; TO PROVIDE THAT THESE LAW ENFORCEMENT OFFICERS MAY ENFORCE AND INVESTIGATE ANY ALLEGED VIOLATIONS OF THE MISSISSIPPI TELEPHONE SOLICITATION ACT, CALLER ID ANTI-SPOOFING ACT, AUTOMATIC DIALING-ANNOUNCING DEVICES ACT AND THE UNSOLICITED RESIDENTIAL TELEPHONIC SALES CALLS ACT, AND THE RULES, REGULATIONS AND GENERAL ORDERS OF THE COMMISSION PROMULGATED TO ADMINISTER AND ENFORCE SAID ACTS; TO PROVIDE SUCH LAW ENFORCEMENT OFFICERS WITH THE AUTHORITY TO INVESTIGATE NUMEROUS OTHER UNLAWFUL ACTS AND CRIMES; TO PROVIDE THAT THE REGULATORY AND SUPERVISORY JURISDICTION OF THE COMMISSION SHALL NOT BE EXPANDED BY THIS ACT; TO AMEND SECTIONS 77-1-21 AND 77-1-55, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act may be known and may be cited as the "Telecommunications Fraud Prevention and Utility Infrastructure Protection Act."
SECTION 2. It is declared to be the policy of the State of Mississippi that deceptive, scam, telemarketing, and fraudulent activities by way of telecommunications and other means are negatively impacting the citizens of the state resulting in massive monetary and property losses and that additional action by the Mississippi Public Service Commission is needed to protect Mississippians, especially vulnerable populations, from imposters using telecommunications to defraud consumers by identifying those involved and investigating these actions to the fullest to stop said criminal activity.
It is further declared to be the policy of the State of Mississippi that the safe, reliable delivery of public utility service across the state is made possible by properly protected public utility infrastructure and that the Mississippi Public Service Commission is appropriately positioned to aid law enforcement efforts to investigate destructive acts against public utility critical infrastructure, property, and theft of utility service.
SECTION 3. Nothing in this act shall be construed to increase the regulatory jurisdiction of the commission as said jurisdiction is defined in Section 77-3-1, et seq., or any duty or ability to supervise any public utility other than such laws as are in effect at the time of passage of this act or to in any way supersede or infringe upon any authority granted to any state agency or law enforcement agency.
SECTION 4. Whenever used in this act, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(a) "Person" means an individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof.
(b) "Commission" means the Mississippi Public Service Commission.
(c) "Telecommunications" means any apparatus that facilitates voice or text communication over a distance by cable, wire, voice-over Internet protocol, cellular or wireless networks, or any other facility that allows voice or text communication between two (2) or more persons.
(d) "Public utility infrastructure" means any apparatus, equipment, or property of a public utility that facilitates the provision of public utility services in the State of Mississippi.
(e) "Fraud and enforcement agent" means any person employed or designated by the commission as a fraud and enforcement agent as described by the terms of this act.
(f) "Subject acts" means the Mississippi Telephone Solicitation Act, Section 77-3-701, et seq.; the Unsolicited Residential Telephonic Sales Calls Act, Section 77-3-601, et seq.; the Caller ID Anti-Spoofing Act, Section 77-3-801, et seq.; and the Automatic Dialing-Announcing Devices Act, Section 77-3-451, et seq.
SECTION 5. For the purpose of carrying out the provisions of this act, the commission may:
(a) Enter into joint investigative agreements and coordinate and cooperate in any investigation requested by any federal, state, or local law enforcement agency, along with any agency or political subdivision of the State of Mississippi; and
(b) Administer, execute and enforce all other provisions of this act, make necessary orders in connection therewith, and prescribe rules, regulations and procedures for such administration.
SECTION 6. For the purpose of enforcing the provisions of this act and subject acts, the commission may employ or designate fraud and enforcement agents, who shall be under the supervision of the commission. Each fraud and enforcement agent shall be qualified by experience and training in law enforcement or investigative work and shall be certified as a law enforcement officer, in accordance with Section 45-6-11. The commission shall give preference in hiring to persons with previous law enforcement experience. All fraud and enforcement agents shall be appointed by the commission and shall be subject to removal at any time by the commission.
SECTION 7. (1) Fraud and enforcement agents may enforce and investigate any alleged violations of the Mississippi Telephone Solicitation Act, Caller ID Anti-Spoofing Act, Automatic Dialing-Announcing Devices Act, Unsolicited Residential Telephonic Sales Calls Act and the rules, regulations and general orders of the commission promulgated to administer and enforce said acts.
(2) Additionally, fraud and enforcement agents may investigate the following unlawful acts and crimes:
(a) Section 97-19-35, which relates to false representation to receive money or valuable property;
(b) Sections 97-19-21 through 97-19-27, which relate to procuring, furnishing, and receiving money, goods, or services with the intent to defraud;
(c) Section 43-47-19, which relates to exploitation of a vulnerable person;
(d) Section 97-29-45, which relates to obscene electronic telecommunications;
(e) Section 97-23-19, which relates to embezzlement;
(f) Section 97-45-19, which relates to identity theft;
(g) Section 97-19-13, which relates to credit card theft;
(h) Section 97-19-83, which relates to mail fraud;
(i) Section 97-45-3, which relates to computer fraud;
(j) Section 97-45-15, which relates to cyberstalking;
(k) Sections 97-7-43 and 97-7-44, which relate to impersonating a public officer or employee;
(l) Sections 97-1-1 through 97-1-9, which relate to conspiracy, accessories and attempts, but limited to the unlawful acts and crimes enumerated in this section;
(m) Section 97-7-31, which relates to destroying or tampering with licensed communications systems;
(n) Section 97-25-1, which relates to destruction of electric power facilities or equipment;
(o) Sections 97-17-41 and 97-17-43, which relate to petit and grand larceny, but limited to instances arising from theft of utility services or property;
(p) Section 97-25-3, which relates to theft of service and tampering with utility meters;
(q) Section 97-25-53, which relates to destroying telephone lines; and
(r) Section 97-25-54, which relates to theft of telecommunication services.
SECTION 8. (1) Fraud and enforcement agents shall have the powers of a law enforcement officer of this state, and shall have the right to bear arms, investigate crimes, subject to the limitations of this act, serve and execute search warrants, conduct civil asset forfeiture as authorized under existing law in conjunction with the Attorney General, and other valid legal process, and make arrests.
(2) Fraud and enforcement agents may aid and assist any law enforcement officer whose life or safety is in jeopardy. With the approval of the commission or its designee(s), fraud and enforcement agents may assist other law enforcement agencies in searching for convicted felons who have escaped or for alleged felons.
(3) Upon request of any law enforcement agency, the Mississippi Highway Patrol, a sheriff of any county or the chief of police of any municipality, the Attorney General, Secretary of State, State Auditor, District Attorney, any municipal or county prosecuting attorney, or any public utility and with the consent of the commission, or its designee(s), fraud and enforcement agents may assist in any investigation related to any crime, subject to the limitations of this act.
Furthermore, fraud and enforcement agents upon approval by the commission or its designee(s) shall have the authority to assist any law enforcement agency or political subdivision of the state during time of natural disasters such as hurricanes, tornados or floods.
(4) Nothing in this act shall be construed as granting the commission or its fraud and enforcement agents general police powers, except those powers and authorities enumerated in this act.
(5) Specifically, the commission, at the request of the Attorney General, Secretary of State, State Auditor or any other agency or officer of the state, shall cooperate and assist in any investigation, subject to the limitations of this act.
SECTION 9. The commission may purchase, subject to its budget set by the Mississippi Legislature, all necessary equipment to enforce the provisions of this act, and to pay for the same out of any funds appropriated to the commission.
SECTION 10. For the purpose of administering and enforcing the provisions of this act, the commission may provide mutual aid and is encouraged and empowered to cooperate with any other law enforcement agencies in a manner consistent with the enforcement of this act.
SECTION 11. Section 77-1-21, Mississippi Code of 1972, is amended as follows:
77-1-21. (1) For the purpose of enforcing the provisions of the Mississippi Motor Carrier Regulatory Law of 1938, the Mississippi Department of Transportation is authorized to employ, in addition to personnel already employed by the department, one (1) chief enforcement officer and twenty-one (21) inspectors, who shall be under the management of the department. The chief enforcement officer and the inspectors shall devote their full time to the performance of their duties and shall take an oath faithfully to perform the duties of their position. The department shall require bonds to be carried on such employees as the department may deem necessary, the cost thereof to be paid by the department. The chief enforcement officer and inspectors shall be qualified by experience and training in law enforcement or investigative work, and shall attend and satisfactorily complete an appropriate course of instruction established by the Commissioner of Public Safety at the Law Enforcement Officers Training Academy. The chief enforcement officer and the inspectors referred to in this section shall be selected after an examination as to physical and mental fitness. Such employees shall be citizens of the United States and the State of Mississippi, and of good moral character. All such members of staff shall be appointed by the Mississippi Department of Transportation and shall be subject to removal at any time by the department.
(2) The Public Service Commission shall transfer all employees, equipment, inventory and resources of the commission employed and used to enforce the Motor Carrier Regulatory Law of 1938 to the Mississippi Department of Transportation on July 1, 2004. The transfer of personnel shall be commensurate with the number and classification of positions allocated to that law enforcement. The transfer also shall include direct support, clerical, data processing and communications positions allocated to that law enforcement.
(3) The Public Service Commission shall transfer to the Mississippi Department of Transportation each year the amount of funds necessary to support the law enforcement functions being performed for the commission by the department, as specified in the appropriation bill for the Public Service Commission.
* * *
SECTION 12. Section 77-1-55, Mississippi Code of 1972, is amended as follows:
77-1-55. (1) The Public Service Commission, with the aid and the assistance of the Public Utilities Staff, shall have the power to monitor, investigate, and seek relief in any appropriate federal forum from all existing or proposed interstate rates, charges, allocations and classifications, and all rules and practices in relation thereto promulgated and prescribed by or for any public utility as defined in Section 77-3-3(d)(i).
(2) The Public Service Commission, with the aid and the assistance of the Public Utilities Staff, may seek relief from any proposed or final decision, order, regulation, rule or law that has an impact on any existing or proposed interstate rate, charge, allocation or classification.
(3) For the purpose of this section, the Public Service Commission and the Executive Director of the Public Utilities Staff may each enter into professional services contracts with one or more attorneys or consultants from a competent, qualified and independent firm as may be required by the commission or the executive director. Costs associated with the professional service contracts shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) for each agency with respect to each rate regulated affected utility in any twelve-month period. The consultants or counsel shall submit periodically, but no less frequently than once each calendar quarter, to the executive director or the commission, as applicable, for approval of payment, itemized bills detailing the work performed. The executive director or the chairman of the commission, as applicable, shall requisition the applicable public utility to make the requisite payments to such consultants. The commission shall allow the utility to recover both the total costs the utility incurred under this section and the carrying charges for those costs through a rate rider established to recover the costs incurred and carrying charges incurred. Such rider shall include a true-up provision to ensure actual recovery of costs paid or otherwise incurred by the utility.
(4) The commission shall have the powers provided by the Telecommunications Fraud Prevention and Utility Infrastructure Protection Act.
( * * *5) This section shall stand repealed
from and after July 1, * * *
2024.
SECTION 13. This act shall take effect and be in force from and after its passage.
