MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Business and Financial Institutions; Universities and Colleges

By: Senator(s) Bean

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED WITHIN CHAPTER 3 OF TITLE 31, MISSISSIPPI CODE OF 1972, TO REQUIRE AN ADDITIONAL FEE FOR LICENSURE AND RENEWAL OF LICENSES AS A GENERAL CONTRACTOR, AND PROVIDING THAT THE REVENUE DERIVED THEREFROM SHALL BE DISTRIBUTED BY THE STATE BOARD OF PUBLIC CONTRACTORS TO STATE INSTITUTIONS OF HIGHER LEARNING AND COMMUNITY COLLEGES OFFERING CERTAIN COURSES OF CONSTRUCTION EDUCATION; TO CREATE THE CONSTRUCTION EDUCATION FUND; TO PRESCRIBE STANDARDS FOR THE DISTRIBUTION OF SUCH FUNDS; TO AMEND SECTION 31-3-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) In addition to the fees required for application and renewal for certification and registration of general contractors in Section 31-3-13, Mississippi Code of 1972, all licensees shall pay a fee equal to One Hundred Dollars ($100.00) at the time of application or renewal of licenses. Any residential builder licensed under the provisions of Section 73-59-1 et seq., Mississippi Code of 1972, shall be exempt from the fee imposed under this section. The revenue derived from such additional fees shall be deposited into the "Construction Education Fund," a special fund hereby created in the State Treasury, and distributed by the State Board of Contractors created in Section 31-3-3, Mississippi Code of 1972, pursuant to appropriation therefor by the Legislature, to Mississippi state institutions of higher learning and public community or junior colleges approved by the State Board of Contractors in the manner hereinafter provided to offer courses in construction to meet the needs of the construction industry of the State of Mississippi.

(2) The State Board of Contractors shall, on an annual basis, solicit applications from Mississippi state institutions of higher learning and public community and junior colleges for the use of such funds in construction education programs in a manner prescribed by the board. The board may appoint a technical advisory committee to advise the board on the most needed areas of education, continuing education or research relating to the construction industry in the state, based on significant changes in the construction industry=s practices, economic development or on problems costing public or private contractors substantial waste. The committee would insure that the monies distributed from this fund are properly spent to promote construction education in postsecondary, undergraduate and graduate programs in the state.

(3) Each university or community college receiving funds pursuant to this act for construction education programs shall utilize such funds only for program development, faculty development, equipment, student scholarships, student assistantships, and for continuing education programs related to construction. Such funds shall not be commingled with the normal operating funds of the educational institution, regardless of the source of such funds.

(4) The State Board of Contractors shall ensure the distribution of reports and the availability of construction education programs established pursuant to this act to all segments of the construction industry to which they relate. The board shall cause a report to be made to the Legislature in October of each year, summarizing the allocation of funds by institution and summarizing the new projects funded and the status of previously funded projects.

SECTION 2. Section 31-3-17, Mississippi Code of 1972, is amended as follows:

31-3-17. There is hereby levied, in addition to any taxes otherwise provided for by law, a special privilege license tax of One Hundred Dollars ($100.00) on each contractor to whom a certificate of responsibility is issued under this chapter; and such tax shall be paid to the executive secretary of the board before engaging in or continuing in such business in this state. The board may levy an additional fee not to exceed Fifty Dollars ($50.00) for each additional classification for which a contractor applies and is found to be qualified. The executive secretary of the board shall promptly deposit all monies received under this chapter in the State Treasury. Except for the civil penalty provided in Section 31-3-21 which shall be deposited into the State General Fund and the fee provided in Section 1 of Senate Bill No. 2058, 1997 Regular Session, all monies received under this chapter shall be kept in a special fund in the State Treasury known as the "State Board of Contractors Fund," and shall be used only for the purposes of this chapter. Such monies shall not lapse at the end of each fiscal year, but all monies in such special fund in excess of the sum of fifty percent (50%) of the approved budget for the fiscal year shall be paid over into the General Fund of the State Treasury. All expenditures from the Board of Contractors Fund shall be by requisition to the State Auditor, signed by the executive secretary of the board and countersigned by the chairman or vice-chairman of the board, and the State Treasurer shall issue his warrants thereon.

SECTION 3. Section 1 of this act shall be codified within Chapter 3 of Title 31, Mississippi Code of 1972.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.