MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Business and Financial Institutions; Judiciary, Division A
By: Senator(s) Massey
AN ACT TO AMEND SECTION 73-59-1, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "CONSTRUCTION MANAGER" AND "RESIDENTIAL SOLAR CONTRACTOR" AS USED IN THE RESIDENTIAL BUILDERS AND REMODELERS LICENSING LAW; TO AMEND SECTION 73-59-3, MISSISSIPPI CODE OF 1972, TO REVISE THE LIST OF PERSONS REQUIRED TO BE LICENSED BY THE STATE BOARD OF CONTRACTORS UNDER THIS CHAPTER; TO AMEND SECTION 73-59-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THE VIOLATIONS IN CONNECTION WITH LICENSING; TO AMEND SECTION 73-59-15, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PERSONS EXEMPT FROM THE CHAPTER; TO AMEND SECTION 73-59-19, MISSISSIPPI CODE OF 1972, TO REVISE THE EXEMPTION FOR LICENSEES TO WORK ON CERTAIN COMMERCIAL STRUCTURES WITHOUT AN ADDITIONAL LICENSE; TO AMEND SECTIONS 73-59-5, 73-59-7, 73-59-11, 73-59-13 AND 73-59-17, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 27-17-457, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY RESIDENTIAL TRADE CONTRACTOR OR RESIDENTIAL SOLAR CONTRACTOR WHO HOLDS A CURRENT LICENSE ISSUED BY THE STATE BOARD OF CONTRACTORS UNDER CHAPTER 59, TITLE 73, SHALL BE ALLOWED TO DO BUSINESS IN ANY MUNICIPALITY OR COUNTY IN THE STATE WITHOUT BEING REQUIRED TO OBTAIN A SEPARATE LICENSE OR PRIVILEGE LICENSE BOND IN A MUNICIPALITY OR COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-59-1, Mississippi Code of 1972, is amended as follows:
73-59-1. For the purposes of this chapter, the following words shall have the meanings ascribed herein:
(a) "Board" means the State Board of Contractors created in Section 31-3-3, Mississippi Code of 1972.
(b) "Residential builder" means any corporation, limited liability company, partnership or individual who constructs a building or structure for sale for use by another as a residence or who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of any building or structure which is not more than three (3) floors in height, to be used by another as a residence, when the total cost of the undertaking exceeds Fifty Thousand Dollars ($50,000.00).
(c) "Remodeler" means any corporation, limited liability company, partnership or individual who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of improvements to an existing residence when the total cost of the improvements exceeds Ten Thousand Dollars ($10,000.00).
(d) "Residential construction" means any undertaking described in paragraph (b) of this section performed by a residential builder.
(e) "Residential improvement" means any undertaking described in paragraph (c) of this section performed by a remodeler.
(f) "Active
licensee" means any * * * builder or remodeler person or entity licensed under
this chapter and engaged in * * * the trade reflected
on their certificate of licensure.
(g) "Inactive
licensee" means any * * * builder or remodeler person or entity licensed under
this chapter and not engaged in * * * the trade reflected
on their certificate of licensure.
(h) "Construction manager" means any person or entity, other than a residential builder, remodeler or owner, who has a contract or agreement with the owner of the property for contracting work on a residential project when the total cost of the undertaking exceeds Fifty Thousand Dollars ($50,000.00) on a new residential construction project or Ten Thousand Dollars ($10,000.00) on a residential improvement project, no matter if that owner himself is the general contractor or a holder of a building permit.
(i) "Residential solar contractor" means any person or entity that installs, modifies, maintains and repairs thermal or photovoltaic solar energy systems.
None of the definitions provided in this section shall include or incorporate public utilities, or their agents or employees, as defined in the Mississippi Public Utilities Act, Section 77-3-1 et seq.
SECTION 2. Section 73-59-3, Mississippi Code of 1972, is amended as follows:
73-59-3. (1) Except as
otherwise provided in Section 73-59-15 * * *,
the following persons or entities shall be licensed by the board annually
as an active licensee or inactive licensee, as appropriate * * *:
(a) Persons or entities acting in the capacity as a residential builder;
(b) Persons or entities acting in the capacity as a residential remodeler;
(c) Persons or entities acting in the capacity as a construction manager;
(d) Persons or entities, of any tier, performing the following work or within the following trade, on any residential project, where the work exceeds Two Thousand Five Hundred Dollars ($2,500.00) in value:
(i) Electrical;
(ii) Plumbing; and
(iii) Heating, ventilation and/or air-conditioning; and
(e) Persons or entities acting in the capacity as a residential solar contractor.
(2) As a prerequisite to obtaining a license or renewal thereof, each of the persons or entities in subsection (1) of this section shall submit to the board:
(a) Proof of workers' compensation insurance, if applicable; however, workers' compensation insurance shall not be required for inactive licensees;
(b) A federal employment identification number or social security number.
( * * *3) The board may require liability
insurance to be licensed under this chapter and it shall be reflected on the
certificate of licensure; however, liability insurance shall not be required
for inactive licensees.
( * * *4) The board shall issue or renew a
license to an active or inactive residential * * * licensed holder
upon payment to the board of the license fee. The initial license fee shall be
Fifty Dollars ($50.00). The license fee may thereafter be increased or
decreased by the board and cannot exceed One Hundred Dollars ($100.00);
however, the receipts from fees collected by the board shall be no greater than
the amount required to pay all costs and expenses incurred by the board in
enforcing the provisions of this chapter. Twenty-five Dollars ($25.00) of the renewal
fee required by this section which is assessed to residential * * * licensed holders licensed
under the provisions of Section 73-59-1 et seq. shall be deposited to the
Construction Education Fund created pursuant to Section 31-3-14 and shall be
distributed to the Mississippi Housing Institute. The remaining fees collected
under this chapter shall be deposited into the special fund in the State
Treasury known as the "State Board of Contractors Fund" created
pursuant to Section 31-3-17 and shall be used for the administration and enforcement
of this chapter and as provided in Section 31-3-14. Amounts in such fund shall
not lapse into the State General Fund at the end of a fiscal year. Interest
accrued to such fund shall remain in the fund. All expenditures from the
special fund shall be by requisition to the Department of Finance and
Administration, signed by the executive director of the board and countersigned
by the chairman or vice chairman of the board.
( * * *5) Except as provided in Section 33-1-39,
the license shall expire on the last day of the twelfth month following its
issuance or renewal and shall become invalid unless renewed. The board may
notify by mail or e-mail every licensee under this chapter of the date of the
expiration of his license and the amount of the fee required for renewal of the
license for one (1) year. To receive notification by e-mail, a licensee must
notify the board of his desire to receive notification by e-mail and provide an
e-mail address. Such notice may be mailed or e-mailed within thirty (30) days
prior to the expiration date of the license. The failure on the part of any
licensee to renew his license annually in such twelfth month shall not deprive
such licensee of the right of renewal, provided that renewal is effected within
one hundred eighty (180) days after the expiration date of the license by
payment of the license fee plus a penalty of ten percent (10%) of the license
fee. A new license required to replace a revoked, lost, mutilated or destroyed
license may be issued, subject to the rules of the board, for a charge of not
more than Fifty Dollars ($50.00). An inactive licensee may become an active
licensee upon application meeting all the requirements of this section.
( * * *6) Any person who is not a resident of
the State of Mississippi who desires to perform work on a residential * * * project
shall be licensed to perform such * * * work as
provided by this chapter.
SECTION 3. Section 73-59-9, Mississippi Code of 1972, is amended as follows:
73-59-9. (1) Any * * * person or entity
required to have a license under this chapter who undertakes or attempts to
undertake the business of * * * residential construction on a residential project
without having a valid license as required by this chapter, or who knowingly
presents to the board, or files with the board, false information for the
purpose of obtaining such license, shall be deemed guilty of a misdemeanor and,
upon conviction, shall be fined not less than One Hundred Dollars ($100.00) and
not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not less
than thirty (30) nor more than sixty (60) days in the county jail, or both.
* * *
( * * *2) * * * Any
person or entity required to have a license under Section 73-59-3(1) who
does not have the license provided by this chapter at the time construction,
building or remodeling services are rendered may not bring any action,
either at law or in equity, to enforce any contract for residential building or
remodeling or to enforce a sales contract.
( * * *3) The board shall have the authority
to issue a citation and may stop work of * * * any
person or entity performing work without having a valid license as required
by this chapter.
SECTION 4. Section 73-59-15, Mississippi Code of 1972, is amended as follows:
73-59-15. (1) This chapter shall not apply to:
(a) Agricultural buildings, buildings used for agricultural purposes, buildings constructed as a community effort, or tenant houses;
(b) Any person who undertakes construction or improvement on his own residence, or who acts as his own general contractor in the performance of construction or improvement on his own residence;
(c) Any person who undertakes residential construction or improvement, or who acts as a general contractor in the performance of residential construction or improvement, or who acts under supervision of the owner-occupant with respect to residential construction or improvement, when the owner of such construction or improvement is related to such person by consanguinity or direct affinity;
(d) The owners of property who supervise, superintend, oversee, direct or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or maintenance of any building, railroad, excavation, project, development, improvement, plant facility or any other construction undertaking on such property for use by such owner and which will not be for sale, rent, public use or public assembly;
(e) Any contractor
holding a valid license or certificate of responsibility for * * * building construction from the
board;
* * *
( * * *f) Any person who constructs two (2)
single residences or less within a period of one (1) year in any county or
municipality which does not require a building permit or any local
certification for such construction, provided that the person is not building
the residences for sale, profit or remuneration.
(2) A person specified in subsection (1)(b) or (c) shall not make more than two (2) applications for a permit to construct a single residence or shall not construct more than two (2) single residences within a period of one (1) year. There shall be a rebuttable presumption that such person intends to construct for the purpose of sale, lease, rent or any similar purpose if more than two (2) applications are made for a permit to construct a single residence or if more than two (2) single residences are constructed within a period of one (1) year.
SECTION 5. Section 73-59-19, Mississippi Code of 1972, is amended as follows:
73-59-19. Any residential builder licensed pursuant to the provisions of this chapter may, without being required to obtain an additional license under any other law of this state, construct, improve, repair, remodel or renovate any commercial structure, provided the prescribed contract job does not exceed seven thousand five hundred (7,500) square feet and two (2) stories in height.
SECTION 6. Section 73-59-5, Mississippi Code of 1972, is amended as follows:
73-59-5. Any corporation,
partnership or individual seeking to be licensed and examined under this
chapter shall file with the board a written application on such form as may be
prescribed by the board. Such application shall be accompanied by the payment
of the license fee. If the application sufficiently contains the information
required pursuant to this chapter, the applicant shall be examined * * * using a
uniform written examination prescribed by the board. The board shall
administer an oral examination to applicants who are unable to take the written
examination. In addition, the board, in examining such applicant, shall
consider the following:
(a) Experience;
(b) Complaints; and
(c) Other pertinent information the board may require.
If, as a result of the
examination, the board finds that the applicant is qualified to engage in * * *
the work specified on the application for licensure in Mississippi, the
applicant shall be issued a license. Any applicant rejected by the
board shall be given the opportunity to be reexamined at the next regularly
scheduled examination date after a new application has been filed and the
license fee has again been paid.
The board shall make and preserve a record of each examination of an applicant and the findings of the board pertaining to such examination. A certified copy of such record, omitting confidential test questions, shall be furnished to the applicant so requesting such record upon the payment of a fee to the board that reasonably reflects the cost of furnishing such record to the applicant.
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.
Each application for a license under this chapter shall reveal any other states in which the applicant or any partner or business associate of the applicant is licensed and whether the applicant, partner or business associate has had a license revoked or suspended in any other state. If the applicant fails to provide this information, the board may deny or revoke the applicant's license. If the applicant has had a license revoked in another state, the board may deny the application for a license in this state.
SECTION 7. Section 73-59-7, Mississippi Code of 1972, is amended as follows:
73-59-7. In the event of a
catastrophe or emergency which arises out of a disaster, act of God, riot,
civil commotion, conflagration or other similar occurrence, the board, upon
application, may issue an emergency license to persons who are residents or
nonresidents of this state and who may or may not be otherwise licensed
residential * * * builder, remodeler, construction manager,
residential solar contractor or residential trade contractor as specified in
Section 73-59-3(d). Such emergency license shall remain in force for a
period not to exceed ninety (90) days, unless extended for an additional period
of ninety (90) days by the board or until a contract to build or remodel
entered into during the period of the emergency license has been completed.
Within five (5) days of any
applicant beginning work * * * as a residential builder or remodeler requiring a license
under this * * *
chapter, the employer or person contracting with such person shall
certify to the board such application without being deemed in violation of this
chapter, provided that the board, after notice and hearing, may take
disciplinary action or revoke the emergency license upon grounds as otherwise
contained in this chapter providing for such disciplinary action or revocation
of a * * * license.
The fee for an emergency license shall be in an amount not to exceed Fifty Dollars ($50.00) as determined by the board and shall be due and payable at the time of the issuance of such emergency license.
SECTION 8. Section 73-59-11, Mississippi Code of 1972, is amended as follows:
73-59-11. The board shall have the following additional duties for the purposes of this chapter:
(a) To conduct
thorough investigations of all applicants seeking a license or licensees
seeking renewal of their licenses and of all complaints filed with the board
concerning the performance of * * * any person or entity
required to be licensed by this chapter.
(b) To obtain information concerning the responsibility of any applicant for a license or of a licensee. Such information may be obtained by investigation, by hearings, or by any other reasonable and lawful means. The board shall keep such information appropriately filed.
(c) To maintain a list
of residential * * * license holders to whom licenses are issued,
refused, revoked or suspended, which list shall be available to any interested
person.
(d) To prepare
annually a complete roster that shows all the names and places of business of
the residential * * * license holders licensed by the board
during the preceding year and to * * * make a copy
of the roster available to each municipality and county in the state and the
Mississippi Secretary of State.
(e) To take disciplinary actions pursuant to the provisions of Section 73-59-13.
(f) To adopt rules and regulations governing disciplinary actions and the conduct of its hearings and to adopt such other rules and regulations as the board finds necessary for the proper administration of this chapter.
(g) The board may
require continuing education for any residential builder * * *, remodeler, construction manager,
or residential solar contractor licensed under this chapter; provided,
however, that any residential builder or remodeler who has held a valid license
under this chapter before July 1, 2015, or any residential trade contractor
specified in Section 73-59-3(d) shall be exempt from any continuing
education requirements. No more than two (2) hours of continuing education
shall be required by the board per year.
The holder of a valid license shall disclose to the owner or other person with whom the holder is contracting at the signing of a contract or the initial agreement to perform work whether the holder carries general liability insurance. The disclosure shall be written, the structure and composition of which shall be determined by the State Board of Contractors, and shall be placed immediately before the space reserved in the contract for the signature of the purchaser. The disclosure shall be boldfaced and conspicuous type which is larger than the type of the remaining text of the contract.
SECTION 9. Section 73-59-13, Mississippi Code of 1972, is amended as follows:
73-59-13. (1) The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for in this section against any person for any of the following reasons:
(a) Violating any of
the provisions of this chapter or the rules or regulations of the board * * *;
(b) Fraud, deceit or misrepresentation in obtaining a license;
(c) Gross negligence or misconduct;
(d) Engaging in work * * *
on an expired license or while under suspension or revocation of license unless
the suspension or revocation be abated in accordance with this chapter;
(e) Loaning a license to an unlicensed person;
(f) Failing to maintain workers' compensation insurance, if applicable; or
(g) Failing to pay for
goods or services for which the * * * residential license holder is
contractually bound.
(2) Any person, including members of the board, may prefer charges against any other person for committing any of the acts set forth in subsection (1) of this section. Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board.
The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to such charges.
The board may send a certified inspector to inspect the building or structure which is the subject of a complaint or the board may use a county certified building inspector from the county where the building or structure is located to inspect the building or structure which is the subject of a complaint. The report of the inspector shall be used in the investigation and the determination of the board. The provisions above shall only apply to hearings.
No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereon, which shall be personally served on such accused or mailed by certified mail, return receipt requested, to the last-known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing. The complaining party shall be notified of the place and time of the hearing by mail to the last-known business or residence address of the complaining party not less than thirty (30) days prior to the date fixed for the hearing.
(3) At any hearing held hereunder, the board shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers, documents or other materials which may be pertinent to the proceedings. The board may designate or secure a hearing officer to conduct the hearing. All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by a court reporter and filed as part of the record in the case. Copies of such transcriptions may be provided to any party to the proceedings at a price reflecting actual cost, to be fixed by the board.
All witnesses who are subpoenaed and appear in any proceedings before the board shall receive the same fees and mileage as allowed by law to witnesses in county, circuit and chancery court pursuant to Section 25-7-47, Mississippi Code of 1972, and all such fees shall be taxed as part of the costs in the case.
When, in any proceeding before the board, any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
The accused and the complaining party shall have the right to be present at the hearing in person, by counsel or other representative, or both. The board is authorized for proper cause to continue or recess the hearing as may be necessary.
(4) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward to the last-known business or residence address of the accused, by certified mail, return receipt requested, a written statement of the decision of the board.
(5) If a majority of the board finds the accused guilty of the charges filed, the board may:
(a) Issue a public or private reprimand;
(b) Suspend or revoke the license of the accused;
(c) Order completion of an additional educational requirement prescribed by the board not to exceed two (2) hours per violation; or
(d) In lieu of or in addition to any reprimand, suspension, revocation, or education requirement, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.
(6) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the State Board of Contractors Fund.
When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county of residence of the delinquent party; however, if the delinquent party is a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.
(7) When the board has
taken a disciplinary action under this section, the board may, in its
discretion, stay such action and place the guilty party on probation for a
period not to exceed one (1) year upon the condition that such party shall not
further violate either the laws of the State of Mississippi pertaining to * * * construction work on a residential project or the
bylaws, rules or regulations promulgated by the board.
(8) The board shall not assess any of the costs of disciplinary proceedings conducted pursuant to this section against the prevailing party.
(9) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceedings, civil or criminal, concerning the same violation or violations except as provided in this section.
(10) The board, for sufficient cause, may reissue a revoked license whenever a majority of the board members vote to do so.
(11) Within ten (10) days after any order, judgment or action of the board, any person aggrieved thereby may appeal such order, judgment or action either to the chancery court of the county wherein the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Two Hundred Fifty Dollars ($250.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person. In lieu of the bond, the appellant may post Two Hundred Fifty Dollars ($250.00) with the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person.
Notice of appeal shall be filed in the office of the clerk of the chancery clerk, who shall issue a writ of certiorari directed to the board commanding it within forty-five (45) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by the court, and the court shall review the record and shall affirm or reverse the judgment. If the judgment is reversed, the chancery court or chancellor shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases.
Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. The board may employ counsel to defend all such appeals, to be paid out of the funds in the State Board of Contractors Fund.
On appeal, any order, judgment or action of the board revoking a certificate of responsibility or residential license shall remain in full force unless the chancery court or Supreme Court reverses such order, judgment or action of the board.
The remedies provided under this chapter for any aggrieved person shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise.
(12) Any political
subdivision or agency of this state which receives a complaint against * * * any
person or entity required to be licensed by this chapter shall, in addition
to exercising whatever authority such political subdivision or agency has been
given over such complaint, forward the complaint to the board.
(13) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 10. Section 73-59-17, Mississippi Code of 1972, is amended as follows:
73-59-17. The building
official, or other authority charged with the duty of issuing building or
similar permits, of any municipality or county, shall refuse to issue a permit
for any undertaking which * * * would classify the applicant as a residential builder or remodeler
requires a license under this chapter unless the applicant has furnished
evidence that he is either licensed as required by this chapter or exempt from
the requirements of this chapter. The building official, or other authority
charged with the duty of issuing building or similar permits, shall also report
to the board the name and address of any person who, in his opinion, has
violated this chapter by accepting, or contracting to accomplish, work which
would * * * require a license
under this chapter * * *.
SECTION 11. Section 27-17-457, Mississippi Code of 1972, is amended as follows:
27-17-457. (1) Any contractor, including, but not limited to, any electrical, plumbing, heating and air-conditioning, water and sewer, roofing or mechanical contractor, who is licensed by any one (1) municipality or county of the State of Mississippi, which municipality or county has an examining board where there is regularly given a written examination, and who does not hold a current certificate of responsibility issued by the State Board of Public Contractors, shall be allowed to do business in any other municipality or county in the state without being required to obtain a license in such other municipality or county or to undergo any further examination provided:
(a) That he furnishes evidence that he has such license;
(b) That he furnishes evidence that he actually took and passed the written examination which qualified him for such license; however, in lieu thereof evidence that if said contractor was issued a license prior to May 1, 1972, and prior to the existence of such written examination by a county or municipality which has an examining board that does presently require written examination to qualify for a license; and
(c) That he is not operating a separate place of business located in such other municipality or county.
(2) Any contractor, including, but not limited to, any electrical, plumbing, heating and air-conditioning, water and sewer, roofing or mechanical contractor, who is licensed by any one (1) municipality or county of the State of Mississippi, which municipality or county has an examining board where there is regularly given a written examination, and who holds a current certificate of responsibility issued by the State Board of Public Contractors shall be allowed to do business in any other municipality or county in the state without being required to obtain a separate license in such other municipality or county or to undergo any further examination provided said contractor meets the requirements of paragraphs (a) and (b) of subsection (1) of this section.
(3) No additional privilege license bond shall be required in order for such a contractor to do business in another municipality or county in the state as long as the contractor has obtained the bond in the municipality or county where he is licensed.
(4) Any residential trade contractor or residential solar contractor who holds a current license issued by the State Board of Contractors under Title 73, Chapter 59, shall be allowed to do business in any municipality or county in the state without being required to obtain a separate license or privilege license bond in a municipality or county, or to undergo any further examination, provided the contractor:
(a) Furnishes evidence that he has such license; and
(b) Furnishes evidence that he actually took and passed the written examination which qualified him for such license.
( * * *5) Nothing in this Section 27-17-457
supercedes or otherwise affects the provisions of Title 31, Chapter 3, or the
provisions of Title 73, Chapter 59. In the event any provision in Section 27-17-457
conflicts with any provision of Title 31, Chapter 3, or of Title 73, Chapter
59, the latter titles and chapters are hereby deemed and shall be controlling
over the provisions of this section.
( * * *6) This section is intended to apply
only to the Local Privilege Tax Law, and is not intended to apply to or
restrict the powers and authority granted to municipalities and counties in
Sections 21-19-25 and 19-5-9, or any powers or authority derived from said
sections related to permits and permit bonds, and the issuance, denial or
requirements thereof.
( * * *7) No taxpayer receiving a privilege
license under this section shall be authorized to advertise to the public that
they are "licensed" unless said taxpayer is currently in compliance
with paragraph (b) of subsection (1) of this section, or holds a current
license or certificate of responsibility from the State Board of Contractors.
Any officer collecting the tax may suspend the issuance or renewal of a
privilege license granted under this section until such time as said officer
finds that such taxpayer is in compliance with the provisions of this
subsection. If any taxpayer receiving a privilege license under this section
presents themselves to the public as "licensed" then said taxpayer
must state to the public that they are "licensed by the city of"
and/or "county of" followed by the name or names of the appropriate
city and/or county from which such taxpayer is currently in compliance with
paragraph (b) of subsection (1) of this section; or, if otherwise appropriate,
"licensed by the State Board of Contractors."
SECTION 12. This act shall take effect and be in force from and after July 1, 2018.