reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-31 - Good moral character prerequisite to issuance of agent permit

No agent permit shall be issued pursuant to Section
75-60-25
to any person found by the Commission on Proprietary School and College Registration not to be of good moral character.
Codes, 1942, § 6688-16; Laws, 1972, ch. 507, § 16; Laws, 1986, ch. 432, § 16; Laws, 1992, ch. 349, § 18; Laws, 2011, ch. 478, § 9, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-33 - Revocation of agent permit

Any agent permit issued may be revoked by the Commission on Proprietary School and College Registration if the holder of the permit solicits or enrolls students through fraud, deception or misrepresentation, or upon a finding that the permit holder is not of good moral character.
The Commission on Proprietary School and College Registration shall hold informal conferences pursuant to Section
75-60-19
with an agent believed to be in violation of one or more of the above conditions. If these conferences fail to eliminate the agent's objectionable practices or procedures, the commission shall hold a public hearing. A record of such proceedings shall be taken and appeals to the commission shall be upon such record, except as may be provided by rules and regulations to be adopted by the commission. Nothing said or done in the informal conferences shall be disclosed by the staff of the commission nor be used as evidence in any subsequent proceedings.
Codes, 1942, § 6688-13; Laws, 1972, ch. 507, § 13; Laws, 1986, ch. 432, § 17; Laws, 1992, ch. 349, § 19; Laws, 2011, ch. 478, § 10, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-35 - Existence of surety bond not to impair other right of recovery; recovery on contract barred if agent not holder of agent permit

The fact that a bond is in force pursuant to Section
75-60-29
does not limit nor impair any right of recovery otherwise available pursuant to law, nor is the amount of such bond relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.
No recovery shall be had on any contract for or in connection with a course of instruction by any person selling or administering such course if the agent of such person was not the holder of an agent permit as required by Section
75-60-23
at the time he negotiated the contract for or sold such course.
Codes, 1942, § 6688-14; Laws, 1972, ch. 507, § 14; brought forward, Laws, 1992, ch. 349, § 20; Laws, 2011, ch. 478, § 11, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-37 - Agent permit not to constitute approval of any program of instruction

The issuance of an agent permit pursuant to Section
75-60-25
does not constitute approval of any program of instruction or the person or institution offering, conducting or otherwise administering the same, unless licensed by the Commission on Proprietary School and College Registration. Any representation contrary to this section or tending to imply that an agent permit issued pursuant to Section
75-60-25
constitutes such approval is misrepresentation within the meaning of the provisions of this chapter.
Codes, 1942, § 6688-15; Laws, 1972, ch. 507, § 15; Laws, 1986, ch. 432, § 18; Laws, 1992, ch. 349, § 21; Laws, 2011, ch. 478, § 12, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-39 - Penalties

Whoever violates Section
75-60-9
or Section
75-60-23
shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned not more than ninety (90) days, or both.
Codes, 1942, § 6688-17; Laws, 1972, ch. 507, § 17; brought forward, Laws, 1992, ch. 349, § 22, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-41 - When certificate and permit provisions shall take effect

Sections
75-60-9
through
75-60-39
, inclusive, of this chapter shall take effect and be in force sixty (60) days following the promulgation and publication of rules, regulations and procedures governing the registration and certification of schools, courses of instruction or institutes and agents thereof as provided hereinabove.
Codes, 1942, § 6688-18; Laws, 1972, ch. 507, § 18; brought forward, Laws, 1992, ch. 349, § 23, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-43 - Records, regulations, and forms to be provided by State Department of Education; validity of certificates and permits issued by Department

The State Department of Education shall supply to the Mississippi Community College Board all records, regulations and forms relating to proprietary school and college registration. All certificates and permits for proprietary schools and colleges issued by the State Department of Education shall be valid until their normal expiration dates unless suspended or revoked for cause.
Laws, 1992, ch. 349, § 24, eff. 7/1/1992.
Amended by Laws, 2014, ch. 397, HB 460, 67, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 60 - PROPRIETARY SCHOOLS AND COLLEGES (§§ 75-60-1 — 75-60-45) › Section 75-60-45 - Review and evaluation of qualifications of instructors; minimum qualifications for instructors

The commission shall not appoint instructors, but the commission may review and evaluate whether an instructor is qualified to teach a program of study as follows:
(1)
Academic classes. Classroom instructors teaching general education courses shall hold at least a bachelor's degree with appropriate coursework in the teaching discipline from an accredited institution and one (1) of the following:
(a)
A minimum of eighteen (18) semester hours of credit from an accredited institution in the subject area being taught; or
(b)
A minimum of twelve (12) semester hours in methods and techniques of teaching.
(2)
Technical classes. Classroom instructors teaching technical courses shall have at least a high-school diploma or an equivalent diploma and at least one (1) of the following:
(a)
A degree, certificate or license in the subject area or a related field;
(b)
A minimum of eighteen (18) semester hours of credit in mathematics, science or courses related to the subject area from an accredited institution; or
(c)
A minimum of three (3) years' work experience in the technical area or a related field.
(3)
Apprenticeship trade classes. Instructors of apprenticeship trades shall have the following qualifications and training:
(a)
At least a high-school diploma or an equivalent diploma;
(b)
A minimum of three (3) years' work experience above the students' level in the trade to be taught; and
(c)
Recognized standing as a tradesman or specialist supported by evidence from previous employers.
Added by Laws, 2013, ch. 333, SB 2786, 8, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 1 - AUCTIONEERS OF JEWELRY (§§ 75-61-1 — 75-61-13) › Section 75-61-1 - Jewelry auction sales regulated

It shall be unlawful for any person, firm or corporation to sell or dispose of, or offer for sale, in the State of Mississippi, at public auction, or to cause or permit to be sold, disposed of or offered for sale in the State of Mississippi, at public auction, any gold, silver or plated ware, precious stones, cut glass, china, watches, clocks or jewelry, whether the same be their own property, or whether in so doing they act as an agent or employee of others; provided, however, that this section shall not apply to sales at public auction of stock on hand for more than ninety (90) days preceding the beginning of said sale, if the person, firm or corporation owning the same shall have been, for a period of one (1) year next preceding said sale, continuously in business in the county wherein such sale is held or to be held, as a retail or wholesale merchant of such goods, wares and merchandise as are being sold or offered for sale at said auction; provided, further, that the stock on hand of said merchant or merchants, whose stocks are to be sold at public auction, shall not be increased, or replenished, in anticipation of such sale, nor within ninety (90) days preceding the beginning of said sale, nor pending said sale; and provided, further, that said auction sale shall be held on successive days, Sunday and legal holidays excepted, but shall not continue for more than thirty (30) days, at any one time; and, provided further, that the same person, firm or corporation shall not hold more than one such auction sale within a period of one (1) year.
Codes, 1930, § 3715; 1942, § 5146; Laws, 1926, ch. 174; Laws, 1928, ch. 135; Laws, 1954, ch. 251, § 1.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 1 - AUCTIONEERS OF JEWELRY (§§ 75-61-1 — 75-61-13) › Section 75-61-3 - Inventory to be furnished chancery clerk

No person, firm or corporation shall sell, or offer for sale, in any county of this state at auction, a stock of merchandise consisting of gold, silver, or plated ware, precious stones, watches, clocks, cut glass, china, or jewelry, without first having filed with the clerk of the chancery court of the county in which said sale is to be conducted a full and complete inventory of each article or class of articles to be offered at said auction sale, with an affidavit in support thereof, including (1) the description and acquisition cost of each article or class of articles, together with the name of the manufacturer thereof, where ascertainable; (2) the number of articles in each such class; (3) the serial number of each such article, where numbered; and (4) the aggregate acquisition cost of all the stock of such merchandise to be offered at said public auction. There shall be appended to said inventory an affidavit which shall state (1) that the said inventory is true and correct, together with the aggregate acquisition cost thereof; (2) that said articles of merchandise were acquired in the usual course of trade, and not for the purpose of offering the same for sale at said auction; (3) that none of the listed articles of merchandise was acquired within the ninety (90) day period immediately preceding the beginning of said auction sale; and (4) that no additional merchandise as described above will be acquired or offered for sale during the said auction. True copies of said inventory shall be kept posted in a public place on the premises where the said auction sale is being conducted, which shall be corrected at the close of each day's business so as to accurately show the number of articles remaining to be sold in each such class, together with their aggregate acquisition cost. In case the merchandise to be sold belongs to an individual, the inventory and affidavit shall be made by the owner. In case the merchandise belongs to a firm, the inventory and affidavit shall be made by a member thereof, and in the case of the corporation, the inventory and affidavit shall be made by an officer, or the general manager, or by someone having personal knowledge of the facts. No additions shall thereafter be made to said stock to be offered at said auction sale. The said inventory and affidavit shall be a part of the records of said chancery clerk, and he shall be paid a fee of two and one-half dollars ($2.50) by the person filing said inventory.
Codes, 1930, § 3716; 1942, § 5147; Laws, 1926, ch. 174; Laws, 1954, ch. 251, § 2.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 1 - AUCTIONEERS OF JEWELRY (§§ 75-61-1 — 75-61-13) › Section 75-61-5 - Bond to be furnished chancery clerk

At the time of the filing of the inventory provided for in Section
75-61-3
, and before any such auction sale is commenced, the person, firm or corporation conducting said sale shall file with the said inventory, with the chancery clerk of the county where said sale is to be conducted, a bond in the penal sum of two thousand five hundred dollars ($2,500.00), to be approved by said chancery clerk, conditioned for the faithful compliance with the provisions of this article, and for the protection of any purchasers at said sale who may suffer loss because of misrepresentation or breach of warranty. Said bond shall be filed by said chancery clerk with said inventory, and shall be and remain a part of the public records of his office.
Codes, 1930, § 3718; 1942, § 5149; Laws, 1926, ch. 174; Laws, 1954, ch. 251, § 3.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 1 - AUCTIONEERS OF JEWELRY (§§ 75-61-1 — 75-61-13) › Section 75-61-7 - Hours of sale limited

It shall be unlawful for any person, firm or corporation to sell or offer to sell, at auction, any such gold, silver, plated ware, clocks, watches, cut glass, china ware, or jewelry from the 1st day of April to the 30th day of September, both inclusive, between the hours of seven o'clock in the evening and seven o'clock the following morning, and from the 1st day of October to the 31st day of March, both inclusive, between the hours of five o'clock in the evening and eight o'clock the following morning.
Codes, 1930, § 3717; 1942, § 5148; Laws, 1926, ch. 174.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 1 - AUCTIONEERS OF JEWELRY (§§ 75-61-1 — 75-61-13) › Section 75-61-9 - Penalty

Each separate sale of any article of merchandise above described at public auction without first having complied with all the provisions of this article shall constitute a separate violation or offense, and whoever violates any of the provisions of said article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each such offense.
Codes, 1930, § 3719; 1942, § 5150; Laws, 1926, ch. 174.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 1 - AUCTIONEERS OF JEWELRY (§§ 75-61-1 — 75-61-13) › Section 75-61-11 - Warranties; statements or representations made

Every person, firm or corporation conducting such auctions shall be truthful in marking or describing the quantity, quality, size, grade, or kind, or value, of merchandise being offered at auction, and for the purpose hereof all such statements or representations shall be warranties.
Codes, 1930, § 3720; 1942, § 5151; Laws, 1926, ch. 174.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 1 - AUCTIONEERS OF JEWELRY (§§ 75-61-1 — 75-61-13) › Section 75-61-13 - Article not to apply to certain sales

This article shall not apply to judicial sales, nor to sales by executors or administrators, nor to sales by legally and duly appointed trustees of unredeemed pledges, nor to articles that constitute any part of regular household furnishings.
Codes, 1930, § 3721; 1942, § 5152; Laws, 1926, ch. 174; Laws, 1954, ch. 251, § 4.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 3 - MANUFACTURE AND SALE OF EYEGLASSES AND SUNGLASSES (§§ 75-61-101 — 75-61-105) › Section 75-61-101 - Definitions

As used in this article, the term "person" shall also include any company, firm, association or corporation as well as an individual.
Codes, 1942, § 5131-121; Laws, 1971, ch. 522, § 1, eff. 1/1/1972.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 3 - MANUFACTURE AND SALE OF EYEGLASSES AND SUNGLASSES (§§ 75-61-101 — 75-61-105) › Section 75-61-103 - Regulation of fabrication or sale

No person shall fabricate, sell, offer to sell, or have in his possession with intent to sell or offer to sell eyeglasses or sunglasses unless they are fitted with plastic lenses, with laminated lenses, or with glass lenses which are tempered or case hardened. Glass lenses shall have a minimum center thickness of two (2) millimeters, in all cases except those cases where such lenses will not fulfill the visual requirements of the particular patient.
Codes, 1942, § 5131-121; Laws, 1971, ch. 522, § 1, eff. 1/1/1972.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 61 - MANUFACTURE AND SALE OF JEWELRY AND OPTICAL EQUIPMENT (§§ 75-61-1 — 75-61-105) › Article 3 - MANUFACTURE AND SALE OF EYEGLASSES AND SUNGLASSES (§§ 75-61-101 — 75-61-105) › Section 75-61-105 - Penalties

A violation of this article shall constitute a misdemeanor, and a conviction therefor shall result in a fine of not more than one hundred dollars ($100.00) and not less than twenty-five dollars ($25.00) for each separate offense.
Codes, 1942, § 5131-121; Laws, 1971, ch. 522, § 1, eff. 1/1/1972.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 1 - IN GENERAL (§§ 75-63-1 — 75-63-25) › Section 75-63-1 - and 75-63-3 - [Repealed]

Repealed by Laws, 2001, ch. 513, § 14, eff. 1/1/2002.
Codes, 1942, §§ 5131-31 and 5131-32; Laws, 1966, ch. 374, §§ 1, 2; Laws, 1975, ch. 503, § 1, eff. 4/8/1975.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 1 - IN GENERAL (§§ 75-63-1 — 75-63-25) › Section 75-63-5 - Cemeteries not required to accept property or perform services contrary to law

Nothing contained in this chapter shall be construed to require any cemetery to accept any personal property, or perform any personal services contrary to law or ordinances pertaining to the burial of deceased human beings, or contrary to rules and regulations of a cemetery pertaining to the quality and kind of personal property that may be used in connection with the burial of deceased human beings in any such cemetery.
Codes, 1942, § 5131-33; Laws, 1966, ch. 374, § 3, eff. 6/15/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 1 - IN GENERAL (§§ 75-63-1 — 75-63-25) › Section 75-63-7 - through 75-63-23 - [Repealed]

Repealed by Laws, 2001, ch. 513, § 14, eff. 1/1/2002.
§ 75-63-7. [Codes, 1942, § 5131-34; Laws, 1966, ch. 374, § 4; Laws, 1975, ch. 503, § 3, eff. 4/8/1975.] § 75-63-9. [Codes, 1942, § 5131-35; Laws, 1966, ch. 374, § 5; Laws, 1966, ch. 374, § 5; Laws, 1975, ch. 503, § 4, eff. 4/8/1975.] § 75-63-11. [Codes, 1942, § 5131-36; Laws, 1966, ch. 374, § 6; Laws, 1975, ch. 503, § 5, eff. 4/8/1975.] § 75-63-13. [Codes, 1942, § 5131-37; Laws, 1966, ch. 374, § 7; Laws, 2001, ch. 513, § 14, eff. 1/1/2002.] § 75-63-15. [Codes, 1942, § 5131-38; Laws, 1966, ch. 374, § 8; Laws, 1982, ch. 371, eff. 7/1/1982.] § 75-63-17. [Codes, 1942, § 5131-39; Laws, 1966, ch. 374, § 9; Laws, 1975, ch. 503, § 6, eff. 4/8/1975.] § 75-63-18. [Laws, 1982, ch. 371, § 5, eff. 7/1/1982.] § 75-63-19. [Codes, 1942, § 5131-40; Laws, 1966, ch. 374, § 10; Laws, 1975, ch. 503, § 7; Laws 1982, ch. 371, § 6, eff. 7/1/1982.] § 75-63-21. [Codes, 1942, § 5131-41; Laws, 1966, ch. 374, § 11, eff. 6/15/1966.] § 75-63-23. [Codes, 1942, § 5131-43; Laws, 1966, ch. 374, § 13; Laws, 1981, ch. 432, § 2, eff. 3/25/1981.]
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 1 - IN GENERAL (§§ 75-63-1 — 75-63-25) › Section 75-63-25 - Certain preneed cemetery and funeral contracts overrule conflicting wishes of next of kin; preneed contract providers have right to rely on contract and perform obligations in accordance with contract

(1)
Any preneed contract which is executed by the decedent for his own arrangements and is fully funded overrules, following the decedent's death, the conflicting wishes of the decedent's next of kin, unless a compelling public interest makes it impossible to comply with a decedent's directions in a preneed contract.
(2)
The provisions of this section shall not prevent the decedent's next of kin or surviving heirs at law from, at their own expense, pursuing reasonable services and making reasonable arrangements that do not conflict with the decedent's directions in a preneed contract.
(3)
All contract providers shall have the right to rely on the preneed contract and perform obligations in accordance with the preneed contract. There shall be no liability for any contract provider who in good faith performs his obligations pursuant to the preneed contract, provided the preneed contract is in compliance with Section
75-63-51
et seq. and any rules promulgated thereunder.
Laws, 2004, ch. 524, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-51 - Short title

This article shall be known and may be cited as the "Preneed Cemetery and Funeral Registration Act."
Laws, 2001, ch. 513, § 1, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-57 - Record-keeping requirements

The contract provider or its successor shall maintain in this state a copy of all preneed contracts and associated accounts, books and records for a period of the lifetime of each contract and for two (2) years after the death of a contract insured. The trustee shall maintain a copy of all trust documents for a period of the lifetime of each contract and for two (2) years after the death of a contract insured.
Laws, 2001, ch. 513, § 4; Laws, 2009, ch. 549, § 4, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-61 - Requirements for contract funded by insurance

(1)
If the preneed contract is funded with insurance, and payment is made to the contract seller rather than directly to the life insurance company, the contract seller shall timely submit to the insurance company all premiums collected from the contract purchaser.
(2)
At the time of death, the proceeds of the policy shall be settled in accordance with the policy. If the contract provider furnishes merchandise and services as indicated in the contract, the contract provider is entitled to retain the proceeds of the policy in accordance with the preneed contract. If the contract provider does not furnish merchandise and/or services as provided in the preneed contract, the contract provider shall pay to the estate of the contract insured or the substitute provider of the merchandise and/or services the proceeds of the policy within ten (10) days of receipt of these proceeds.
Laws, 2001, ch. 513, § 6; Laws, 2009, ch. 549, § 6, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-63 - Preneed contracts to be portable; who may name a substitute provider

Preneed contracts entered into in this state shall be portable. The naming of a substitute provider shall be in writing by the contract beneficiary or by one who is authorized by law to act on their behalf. If the preneed contract is funded by trust, the notice of a substitute provider shall be made to the original preneed contract seller and the trustee holding funds for the beneficiary. Upon receipt of the notice of substitute provider, the original provider shall be relieved of all obligations to perform the contract including all obligations of reporting and accounting. If the preneed contract is funded by insurance, the change of beneficiary shall be made in writing to the insurance company. If for any reason insurance proceeds are paid to a preneed seller who did not furnish the final needs of the beneficiary at their time of need, the policy proceeds shall be paid in full to the substitute provider or the estate of the preneed beneficiary within ten (10) days of receipt.
Laws, 2001, ch. 513, § 7; Laws, 2012, ch. 308, § 3, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-65 - Sellers of preneed contracts required to register with Secretary of State; registration fees; regulations and registration requirements; registration forms

(1)
Any establishment or organization that engages in the business of selling preneed merchandise and/or services shall register with the Secretary of State and shall pay a registration fee. A separate registration is required for each separate corporation or business entity. Applicants for registration shall provide the Secretary of State with any information and documents as he may require. The establishment or organization shall pay to the Secretary of State for the initial registration of the main establishment or organization a fee of Two Hundred Fifty Dollars ($250.00). For each year thereafter, the registration fee shall be Fifty Dollars ($50.00) per year due at the time that the annual report is required to be filed with the Secretary of State.
(2)
Any person who engages in the business of selling preneed contracts shall register with the Secretary of State and shall be subject to the rules and regulations promulgated by the Secretary of State as provided in this article.
(3)
The Secretary of State shall establish regulations to register each establishment or organization selling preneed merchandise or services. No establishment or organization shall be registered to sell preneed merchandise or services that the establishment or organization cannot lawfully provide at the time of a person's death. The Secretary of State shall also maintain a record of all individuals who are registered to sell preneed merchandise or services through the registered establishment.
(4)
The Secretary of State shall establish regulations to register each person selling preneed contracts, including the establishment through which the seller will be selling. No person shall be registered to sell preneed contracts without indicating the establishment for which he is selling. Only a registered preneed establishment can sponsor a person for registration. The preneed operator shall inform the Secretary of State of any changes with its sales agents within thirty (30) calendar days of the same.
(5)
The Secretary of State shall develop and furnish the forms necessary for the registration of establishments and individuals selling preneed contracts.
Laws, 2001, ch. 513, § 8; Laws, 2008, ch. 550, § 2; Laws, 2009, ch. 549, § 7, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-67 - Annual written or electronic reports of preneed contract sales and of all trust fund account activity to be submitted to Secretary of State; penalty for late reports

(1)
Every preneed establishment shall annually submit a written or electronic report to the Secretary of State of its preneed contract sales and performance of those contracts. This report shall be filed on or before March 31 of each year for the calendar year ending the preceding December 31. The Secretary of State shall impose an administrative fine in the amount of One Hundred Dollars ($100.00) per day for each day that the report is late. The administrative fine shall be in addition to any other administrative penalties provided under this article. The Secretary of State shall promulgate rules and regulations to regulate preneed contracts and the duties and responsibilities of preneed establishments; the content and filing procedure of reports; and filings of additional reports if deemed necessary by the Secretary of State to carry out the purposes of this article. The Secretary of State may assess any fines and fees necessary to carry out the provisions of this article.
(2)
Every preneed trust officer or trust financial institution shall annually submit to the Secretary of State a statement of all trust fund account activity on or before March 31 of each year for the calendar year ending the preceding December 31. The statement or report shall reflect the trust balance as of December 31 for the preceding calendar year. The Secretary of State is authorized to assess a penalty against the trust institution for each day the statement is late, not to exceed Five Hundred Dollars ($500.00) in any one (1) year.
Laws, 2001, ch. 513, § 9; Laws, 2008, ch. 550, § 3; Laws, 2009, ch. 549, § 8, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-68 - Conversion of trust funded prepaid funeral benefits to insurance funded prepaid funeral benefits or annuity contract upon appeal to Secretary of State; written disclosure of terms to affected preneed purchasers

A registered preneed contract provider may convert trust funded prepaid funeral benefits to insurance funded prepaid funeral benefits or annuity contracts upon appeal to the Secretary of State. If approved, the Secretary of State shall issue an order authorizing the withdrawal of funds for the provider to purchase preneed insurance or annuity contracts. The preneed seller shall disclose in writing to all affected preneed purchasers the terms of the insurance policy or annuity contract. Except as provided in this section, no funds deposited in trust with a trustee shall be withdrawn by the trustee to purchase a preneed insurance policy or annuity contracts.
Laws, 2009, ch. 549, § 9; Laws, 2012, ch. 308, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-70 - Joint and several liability of preneed operator's managers, officers, directors, etc

Upon a finding by a court of competent jurisdiction of failure to maintain or deposit in the trust account as required by this article, or of fraud, theft or misconduct by the preneed operator's managers, officers, directors or others who are personally responsible for the waste or unlawful depletion of trust funds, the managers, officers, directors or others may be jointly and severally liable for any deficiencies in the trust account as required by this article.
Laws, 2009, ch. 549, § 11, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-71 - Disclosure of information contained in registrations, statements, applications, and reports; confidentiality of information obtained through investigation or examination

The information contained in or filed with any registration, statement, application or report may be made available to the public under such rules as the Secretary of State prescribes. Information in the possession of, filed with or obtained by the Secretary of State in connection with any investigation or examination under this article shall be confidential and exempt from the requirements of the Mississippi Public Records Act of 1983. No such information may be disclosed by the Secretary of State, or any of his officers or employees, unless necessary or appropriate in connection with a particular investigation or proceeding under this article or for any law enforcement purpose.
Laws, 2001, ch. 513, § 11, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-73 - Examination of business or person offering preneed funeral services and merchandise; records open to inspection; subpoena power of Secretary of State

The Secretary of State shall, as often as he deems necessary, examine the business of any person or business offering preneed funeral services and merchandise, whether or not registered in compliance with this article. Any person or business so examined shall produce, upon request, all records requested by the Secretary of State's examiners. Any trustee or trust institution for a preneed funeral trust shall disclose to the Secretary of State any information regarding preneed trust accounts maintained by the trustee.
The records in the possession of any insurance company, third-party administrator, burial association, banking or trust institution, investment services company, funeral home establishment, crematory, cemetery, or any vendor, person or entity are open to inspection to any of the Secretary of State's examiners or investigators carrying out the provisions of this article.
For the purpose of any investigation or proceeding under this article, the Secretary of State, or any officer designated by him, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records in the possession of any insurance company, third-party administrator, burial association, banking or trust institution, investment services company, funeral home establishment, crematory, cemetery, or any vendor, person or entity, whether located within or outside of this state, that the Secretary of State deems relevant or material to the inquiry.
Laws, 2001, ch. 513, § 12; Laws, 2009, ch. 549, § 12, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-75 - Article does not constitute authorization for unlicensed persons to sell life insurance

Nothing in this article shall be construed to authorize the sale of life insurance policies by unlicensed insurance producers which is prohibited by Section
83-17-55
, Mississippi Code of 1972.
Laws, 2001, ch. 513, § 13, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 63 - SALES OF CEMETERY MERCHANDISE AND FUNERAL SERVICES (§§ 75-63-1 — 75-63-81) › Article 3 - PRENEED CEMETERY AND FUNERAL REGISTRATION (§§ 75-63-51 — 75-63-81) › Section 75-63-79 - Procedure upon cessation of business or revocation or suspension of registration to sell preneed funeral contracts

(1)
If a preneed provider ceases to do business or the provider's license issued by the State Board of Funeral Service is revoked or suspended or the registration to sell preneed funeral contracts is revoked or lapsed and application for a replacement registration has not been filed, the provider shall within thirty (30) days submit to the Secretary of State a complete listing of names and addresses of all active contracts. The provider shall also notify all contract purchasers in writing that their contracts are to be transferred to another registered provider of the purchaser's choice. The Secretary of State shall review and approve the form of the notice. The transferor shall then transfer the contracts and notify the Secretary of State of the providers selected within sixty (60) days of the termination of the preneed registration. All contracts funded by burial insurance or trust funds together with interest are to be transferred. The selling provider forfeits its right to any monies it otherwise would be entitled. If the provider fails to provide for the transfer of contracts within sixty (60) days, the purchasers may directly request the trust officer to transfer the account balance to another provider selected by the purchaser. The purchaser may also request that an insurance company assign another provider as beneficiary for the insurance policy.
(2)
The Secretary of State has jurisdiction over the provider and the burial insurance policy or trust funds together with interest of all active contracts, and has the authority to accomplish the necessary transfer of preneed funeral contracts and trust funds in all cases in which the terminating provider has failed to effectuate the transfer to a registered provider within four (4) months of the date the provider's license issued by the State Board of Funeral Service was cancelled or the registration to sell preneed funeral contracts was terminated.
Laws, 2009, ch. 549, § 15, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 65 - GOING OUT OF BUSINESS SALES; UNSOLICITED GOODS (§§ 75-65-1 — 75-65-101) › GOING OUT OF BUSINESS SALES (§§ 75-65-1 — 75-65-17) › Section 75-65-1 - Definitions

For the purposes of Sections
75-65-1
through
75-65-17
, "closing-out sale" shall mean and include all sales advertised, represented or held forth under the designation of "going out of business," "discontinuance of business," "selling out," "liquidation," "lost our lease," "must vacate," "forced out," "removal," or any other designation of like meaning; and "person" shall mean and include individuals, partnerships, voluntary associations and corporations.
Codes, 1942, § 5152-01; Laws, 1966, ch. 392, § 1, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 65 - GOING OUT OF BUSINESS SALES; UNSOLICITED GOODS (§§ 75-65-1 — 75-65-101) › GOING OUT OF BUSINESS SALES (§§ 75-65-1 — 75-65-17) › Section 75-65-3 - Permit required; application for permit; bond; duties of chancery clerks and clerks of municipalities

(1)
No person shall advertise or offer for sale a stock of goods, wares or merchandise under the description of closing-out sale, or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, unless he first shall have obtained a permit to conduct such sale from the chancery clerk of the county in which such sale is to take place; or if such sale is to take place within a municipality, said person shall apply for and procure such permit from the city clerk of the municipality. The applicant for such permit shall make to such clerk an application therefor in writing and under oath at least fourteen (14) days prior to the opening date of sale, showing all the facts relating to the reasons and character of such sale, including the opening and terminating dates of the proposed sale, a complete inventory of the goods, wares, or merchandise actually on hand in the place where such sale is to be conducted, and all details necessary to locate exactly and identify fully the goods, wares or merchandise to be sold; providing, however, that an application for a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise may be obtained within three (3) days prior to the opening date of the sale. The terminating date of such proposed sale shall be no later than seventy-five (75) days immediately following the date of such permit application.
(2)
If such clerk shall be satisfied from said application that the proposed sale is of the character which the applicant desires to advertise and conduct, he shall issue a permit upon the application therefor, together with a bond, payable to the city, village or town in the penal sum of one thousand dollars ($1,000.00), conditioned upon compliance with Sections
75-65-1
through
75-65-17
, to the applicant authorizing him to advertise and conduct a sale of the particular kind mentioned in the application. Any merchant who shall have been conducting a business in the same location where the sale is to be held for a period of not less than one (1) year, prior to the date of holding such sale, shall be exempted from the filing of the bond herein provided.
(3)
Every city, town or village clerk to whom application is made shall endorse upon such application the date of its filing, and shall preserve the same as a record of his office, and shall make an abstract of the facts set forth in such application, and shall indicate whether the permit was granted or refused.
(4)
Any person making a false statement in the application provided for in this section shall, upon conviction, be deemed guilty of perjury.
Codes, 1942, § 5152-02; Laws, 1966, ch. 392, § 2, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 65 - GOING OUT OF BUSINESS SALES; UNSOLICITED GOODS (§§ 75-65-1 — 75-65-101) › GOING OUT OF BUSINESS SALES (§§ 75-65-1 — 75-65-17) › Section 75-65-5 - Additions to stock in contemplation of closing out sale

No person in contemplation of a closing-out sale under a permit as provided for in Section
75-65-3
shall order any goods, wares or merchandise for the purpose of selling and disposing of the same at such sale, and any unusual purchase and additions to the stock of such goods, wares or merchandise within sixty (60) days prior to the filing of application for a permit to conduct such sale shall be presumptive evidence that such purchases and additions to stock were made in contemplation of such sale.
Codes, 1942, § 5152-03; Laws, 1966, ch. 392, § 3, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 65 - GOING OUT OF BUSINESS SALES; UNSOLICITED GOODS (§§ 75-65-1 — 75-65-101) › GOING OUT OF BUSINESS SALES (§§ 75-65-1 — 75-65-17) › Section 75-65-7 - Adding merchandise to stock during sale

No person carrying on or conducting a closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, under a permit as provided in Section
75-65-3
shall, during the continuance of such sale, add any goods, wares or merchandise to the damaged stock inventoried in his original application for such permit, and no goods, wares or merchandise shall be sold as damaged merchandise at or during such sale, excepting the goods, wares or merchandise described and inventoried in such original application.
Codes, 1942, § 5152-04; Laws, 1966, ch. 392, § 4, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 65 - GOING OUT OF BUSINESS SALES; UNSOLICITED GOODS (§§ 75-65-1 — 75-65-101) › GOING OUT OF BUSINESS SALES (§§ 75-65-1 — 75-65-17) › Section 75-65-9 - Extension of time for holding sale; resumption of business after sale's conclusion

No person shall conduct a closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise beyond the termination date specified for such sale, except that one (1) extension of thirty (30) days may be authorized upon proper showing of need; nor shall any person, upon conclusion of such sale, continue that business which had been represented as closing out or going out of business under the same name, or under a different name, at the same location, or elsewhere in the same city, town or village where the inventory for such sale was filed; nor shall any person, upon conclusion of such sale, continue business contrary to the designation of such sale.
Codes, 1942, § 5152-05; Laws, 1966, ch. 392, § 5, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 65 - GOING OUT OF BUSINESS SALES; UNSOLICITED GOODS (§§ 75-65-1 — 75-65-101) › GOING OUT OF BUSINESS SALES (§§ 75-65-1 — 75-65-17) › Section 75-65-11 - Violations of law; penalties

Any person who shall advertise, hold, conduct or carry on any sale of goods, wares or merchandise under the description of closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, contrary to the provisions of Sections
75-65-1
through
75-65-17
, or who shall violate any of the provisions of said sections shall be deemed guilty of a misdemeanor.
Codes, 1942, § 5152-06; Laws, 1966, ch. 392, § 6, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 65 - GOING OUT OF BUSINESS SALES; UNSOLICITED GOODS (§§ 75-65-1 — 75-65-101) › GOING OUT OF BUSINESS SALES (§§ 75-65-1 — 75-65-17) › Section 75-65-13 - Official sales excluded

The provisions of Sections
75-65-1
through
75-65-17
shall not apply to sheriffs, constables or other public or court officers, or to any other person or persons acting under the permit, direction or authority of any court, state or federal, selling goods, wares or merchandise in the course of their official duties.
Codes, 1942, § 5152-07; Laws, 1966, ch. 392, § 7, eff. 7/1/1966.