MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Business and Financial Institutions; Accountability, Efficiency, Transparency

By: Senator(s) Carmichael

Senate Bill 2834

AN ACT TO AMEND SECTION 73-13-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO ESTABLISH A TWO-YEAR LICENSURE CYCLE FOR PROFESSIONAL ENGINEERS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 73-13-31, Mississippi Code of 1972, is amended as follows:

     73-13-31.  (1)  Except as provided in Section 33-1-39, certificates of licensure shall expire on the last day of the month of December following their issuance or renewal and shall become invalid on that date unless renewed.  It shall be the duty of the board to notify every person licensed under this chapter of the date of the expiration of his certificate and the amount of the fee that shall be required for its renewal for one (1) year.  Such notice shall be sent by first-class mail to the last known address of the licensee at least one (1) month in advance of the date of the expiration of said certificate.  Renewal may be effected at any time during the month of December by the payment of a fee, as determined by the board, not to exceed Fifty Dollars ($50.00).  A person who is licensed as a professional engineer and as a professional surveyor may effect both renewals by the payment of a fee not to exceed Seventy-five Dollars ($75.00).  The failure on the part of any licensee to renew his certificate annually in the month of December as required above, shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of a certificate after the month of December shall be increased ten percent (10%) for each month, or fraction of a month that payment of renewal is delayed; provided, however, that the maximum fee for delayed renewal shall not exceed five (5) times the normal renewal fee.  A state agency or any of the state's political subdivisions, such as a county or municipality, may pay the renewal fee of any licensee who is a full-time employee; provided, however, that any licensee who permits his/her renewal fee to be paid from any public funds shall not perform engineering or surveying services for a fee or other emoluments for the public or for any other public entity.  If a certificate has expired for six (6) months or more, the licensee shall be required to submit a new application, paying back fees and submitting proof of continuing professional competency compliance.  If the certificate has expired for five (5) years or more, in addition to submitting a new application and proof of continuing professional competency compliance, reexamination in the principles and practice may be required.  The reexamination requirement may be waived by the board provided the applicant has continued to practice in another jurisdiction from the date of expiration of his certificate.

     (2)  (a)  Beginning July 1, 2019, the board, by resolution duly adopted and spread upon its minutes, may implement a two-year period of registration for engineers licensed under this chapter.  Such registration cycle shall, if adopted, commence in January of any year in which the board chooses to establish the cycle with expiration occurring on December 31, two (2) years following the commencement of the cycle.

          (b)  Following the adoption of a two-year cycle, the board shall notify every person licensed under this chapter of the date of the expiration of his/her certificate and the amount of the fee that shall be required for its renewal for two (2) years.  Such notice shall be sent by first-class mail to the last-known address of the licensee at least one (1) month in advance of the date of the expiration of said certificate.  Renewal may be effected at any time during the month of December by the payment of a fee, as determined by the board, not to exceed Fifty Dollars ($50.00).  A person who is licensed as a professional engineer and as a professional surveyor may effect both renewals by the payment of a fee not to exceed Seventy-five Dollars ($75.00).  The failure on the part of any licensee to renew his/her certificate annually in the month of December as required above, shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of a certificate after the month of December shall be increased ten percent (10%) for each month, or a fraction of a month that payment of renewal is delayed; provided, however, that the maximum fee for delayed renewal shall not exceed five (5) times the normal renewal fee.  A state agency or any of the state's political subdivisions, such as a county or municipality, may pay the renewal fee of any licensee who is a full-time employee; provided, however, that any licensee who permits his/her renewal fee to be paid from any public funds shall not perform engineering or surveying services for a fee or other emoluments for the public or for any other public entity.  If a certificate has expired for six (6) months or more, the licensee shall be required to submit a new application, paying back fees and submitting proof of continuing professional competency compliance.  If the certificate has expired for four (4) years or longer, reexamination on the principles and practice may be required, in addition to submitting a new application and proof of continuing professional competency compliance.  The reexamination requirement may be waived by the board provided the applicant has continued to practice in another jurisdiction from the date of expiration of his/her certificate.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.