MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Business and Financial Institutions
By: Senator(s) Hewes (By Request)
AN ACT TO AMEND SECTION 73-35-9, MISSISSIPPI CODE OF 1972, TO REQUIRE FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS OF APPLICANTS FOR A REAL ESTATE BROKER OR SALESPERSON LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-35-9, Mississippi Code of 1972, is amended as follows:
73-35-9. (1) Every applicant for a real estate broker's license shall apply therefor in writing upon blanks prepared by the commission and shall provide such data and information as the commission may require.
(2) Such application shall be accompanied by the recommendation of at least three (3) citizens who have been property owners for at least three (3) years, who have known the applicant for three (3) years, and who are not related to the applicant, certifying that the applicant bears a good reputation for honesty and trustworthiness and recommending that a license be granted to the applicant.
(3) Every applicant for a salesperson's license shall apply therefor in writing upon blanks prepared by the commission and shall provide such data and information as the commission may require. The application shall be accompanied by a sworn statement by the sponsoring broker certifying that, in his opinion, the applicant is honest and trustworthy, and recommending that the license be granted to the applicant.
(4) Each application for license shall also be accompanied by two (2) photographs of the applicant in such form as the commission may prescribe.
(5) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
(6) An applicant for an original broker's or salesperson's license shall be subject to fingerprinting and a check of his criminal history record information maintained by the Federal Bureau of Investigation through the Mississippi Department of Public Safety. Each applicant shall furnish to the Department of Public Safety a full set of fingerprints to enable a criminal background investigation to be conducted. The applicant shall request that the Department of Public Safety submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall pay the actual cost, if any, of the fingerprinting and check of his criminal history record information. The applicant shall authorize release of the national criminal history record check to the commission. The criminal history record information check shall be completed within ninety (90) days preceding the date the original application for a license is received in the commission's office, and if not, the application shall be returned to the applicant.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.