Bill Text: MS HB1361 | 2022 | Regular Session | Engrossed
Bill Title: Motor Vehicle Sales Finance Law; clarify employees of state licensee may work remotely.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2022-03-01 - Died In Committee [HB1361 Detail]
Download: Mississippi-2022-HB1361-Engrossed.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Banking and Financial Services
By: Representatives Turner, Aguirre, Brown (20th)
House Bill 1361
(As Passed the House)
AN ACT TO CREATE A NEW SECTION OF LAW IN THE MOTOR VEHICLE SALES FINANCE LAW TO CLARIFY THAT EMPLOYEES OF A STATE LICENSEE MAY WORK FROM HOME OR OTHER REMOTE LOCATION SUBJECT TO CERTAIN CONDITIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Notwithstanding any other law to the contrary, nothing in this chapter shall be interpreted to interfere with employees of a state licensee under this chapter working from home or another remote location selected by the employee, provide the licensee:
(a) Ensures all in-person customer interactions will not be conducted at home or other remote location, and will not designate the home or other remote location to consumers or customers as a business location;
(b) Maintains appropriate safeguards for licensee and consumer data, information and records, including the use of secure virtual private networks where appropriate;
(c) Employs appropriate risk-based monitoring and oversight processes of work performed from home or other remote location, and maintains records of the same;
(d) Ensures consumer information and records are not maintained at home or other remote location;
(e) Ensures consumer and licensee information and records remain accessible and available for regulatory oversight and exams; and
(f) Provides appropriate employee training to keep all conversations about, and with, consumers conducted from home or other remote location confidential, as if conducted from a commercial location, and to ensure remote employees work in an environment conducive and appropriate to that privacy.
(2) When any special examination is conducted and so denominated by the commissioner, he or she shall charge the licensee so examined the cost based on the average daily cost of all examiners of the department plus actual and necessary expenses. The fee shall be deposited by the commissioner into the Department of Banking and Consumer Finance's Maintenance Fund and may be expended for any purpose authorized for that fund.
SECTION 2. Section 1 of this act shall be codified in Chapter 19, Title 63, Mississippi Code of 1972.
SECTION 3. This act shall take effect and be in force from and after its passage.
