MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Staples
AN ACT TO AMEND SECTION 31-3-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY CONTRACT OR UNDERTAKING ON A PRIVATE OR PUBLIC PROJECT BY A PRIME CONTRACTOR, SUBCONTRACTOR OR SUB-SUBCONTRACTOR OF ANY TIER INVOLVING ERECTION, BUILDING, CONSTRUCTION, RECONSTRUCTION, REPAIR, MAINTENANCE OR RELATED WORK FOR NONPROFIT CORPORATIONS, ASSOCIATIONS OR CHURCHES SHALL BE EXEMPT FROM THE LICENSING PROVISIONS OF THE STATE BOARD OF PUBLIC CONTRACTORS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 31-3-1, Mississippi Code of 1972, is amended as follows:
31-3-1. The following words, as used in this chapter, shall have the meanings specified below:
"Board": The State Board of Contractors created under this chapter.
"Contractor": Any person contracting or undertaking as prime contractor, subcontractor or sub-subcontractor of any tier to do any erection, building, construction, reconstruction, demolition, repair, maintenance or related work on any public or private project; however, "contractor" shall not include any owner of a dwelling or other structure to be constructed, altered, repaired or improved and not for sale, lease, public use or assembly, or any person duly permitted by the Mississippi State Oil and Gas Board, pursuant to Section 53-3-11, Mississippi Code of 1972, to conduct operations within the state, and acting pursuant to said permit. It is further provided that nothing herein shall apply to:
(a) Any contract or undertaking on a public or private project by a prime contractor, subcontractor or sub-subcontractor of any tier involving erection, building, construction, reconstruction, repair, maintenance or related work where such contract, subcontract or undertaking is less than Fifty Thousand Dollars ($50,000.00);
(b) Highway construction, highway bridges, overpasses and any other project incidental to the construction of highways which are designated as federal aid projects and in which federal funds are involved;
(c) A residential project to be occupied by fifty (50) or fewer families and not more than three (3) stories in height;
(d) A residential subdivision where the contractor is developing either single-family or multifamily lots;
(e) A new commercial construction project not exceeding seventy-five hundred (7500) square feet and not more than two (2) stories in height undertaken by an individual or entity licensed under the provisions of Section 73-59-1 et seq.;
(f) Erection of a microwave tower built for the purpose of telecommunication transmissions;
(g) Any contract or undertaking on a public project by a prime contractor, subcontractor or sub-subcontractor of any tier involving the construction, reconstruction, repair or maintenance of fire protection systems where such contract, subcontract or undertaking is less than Five Thousand Dollars ($5,000.00);
(h) Any contract or undertaking on a private project by a prime contractor, subcontractor or sub-subcontractor of any tier involving the construction, reconstruction, repair or maintenance of fire protection systems where such contract, subcontract or undertaking is less than Ten Thousand Dollars ($10,000.00);
(i) Any contract or
undertaking on a private or public project by a prime contractor, subcontractor
or sub-subcontractor of any tier involving the construction, reconstruction,
repair or maintenance of technically specialized installations if performed by
a Mississippi contractor who has been in the business of installing fire
protection sprinkler systems on or before July 1, 2000; * * *
(j) Any contractor
undertaking to build, construct, reconstruct, repair, demolish, perform
maintenance on, or other related work, whether on the surface or subsurface, on
oil or gas wells, pipelines, processing plants, or treatment facilities or
other structures of facilities. Nothing herein shall be construed to limit the
application or effect of Section 31-5-41 * * *; or
(k) Any contract or undertaking on a private or public project by a prime contractor, subcontractor or sub-subcontractor of any tier involving erection, building, construction, reconstruction, repair, maintenance or related work for nonprofit corporations, associations or churches.
"Certificate of responsibility": A certificate numbered and held by a contractor issued by the board under the provisions of this chapter after payment of the special privilege license tax therefor levied under this chapter.
"Person": Any person, firm, corporation, joint venture or partnership, association or other type of business entity.
"Private project": Any project for erection, building, construction, reconstruction, repair, maintenance or related work which is not funded in whole or in part with public funds.
"Public agency": Any board, commission, council or agency of the State of Mississippi or any district, county or municipality thereof, including school, hospital, airport and all other types of governing agencies created by or operating under the laws of this state.
"Public funds": Monies of public agencies, whether obtained from taxation, donation or otherwise; or monies being expended by public agencies for the purposes for which such public agencies exist.
"Public project": Any project for erection, building, construction, reconstruction, repair, maintenance or related work which is funded in whole or in part with public funds.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.