MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Agriculture

By: Representatives Bowles, Clarke, Frierson, Stevens

AN ACT TO AMEND SECTION 69-19-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT EXAMINATIONS USED TO TEST THE PROFICIENCY OF CANDIDATES FOR A LANDSCAPE GARDENER'S LICENSE SHALL BE DEVELOPED IN ACCORDANCE WITH CERTAIN STANDARDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 69-19-9, Mississippi Code of 1972, is amended as follows:

69-19-9. (1) Any person desiring to engage in professional services or work as herein defined shall obtain from the Commissioner of Agriculture and Commerce a license to engage in such professional work, and the application for such license shall be in writing and on such blank forms as may be required. No fee shall be required for the license. The Commissioner of Agriculture and Commerce shall require applicants to submit statements as to training and experience in professional practice and may further require applicants to pass such tests or examinations as the commissioner may prescribe. Examinations shall test the professional competency of candidates for licensure. All examinations shall be developed in accordance with the professional testing standards developed by the Council on Licensure, Enforcement and Regulation affiliated with the Council of State Governments. The Commissioner of Agriculture and Commerce may require an applicant to furnish to him a fidelity bond satisfactory to him and conditioned that the principal therein named shall conduct honestly such business; provided that in no case shall a bond exceeding Ten Thousand Dollars ($10,000.00) be required. A copy of the bond, duly certified by the Commissioner of Agriculture and Commerce or his agent, the State Entomologist, shall be received as evidence in all of the courts of this state without further proof. Any bond issued before the effective date of this chapter shall be deemed to be effective until the expiration date stated thereon. Any person having a right of action against such person may bring suit against the principal and sureties of such bond. Should the surety furnished become unsatisfactory, such person shall execute a new bond, and should he fail to do so, it shall be the duty of the Commissioner of Agriculture and Commerce or his agent, the State Entomologist, to cancel his license and give him notice of such fact, and it shall be unlawful thereafter for such person to engage in such business without obtaining a new license.

(2) In addition to the requirements of subsection (1) of this section, the Commissioner of Agriculture and Commerce, with the approval of the Advisory Board to the Bureau of Plant Industry, may require persons providing professional services as defined in this chapter to provide satisfactory proof of insurance against negligent or careless provision of such services. Such insurance shall be in an amount determined by the advisory board, but shall not exceed Two Hundred Thousand Dollars ($200,000.00). Such insurance shall be in effect before a person may offer such professional services to the general public. Notice of cancellation or failure to renew such insurance shall be provided to the advisory board by the persons offering such professional services. The license to engage in such professional work shall be revoked if proof of insurance is not provided to the advisory board by the licensee within thirty (30) days of the notice of cancellation or failure to renew such insurance.

(3) For horticultural and floricultural work and soil classifying work, as defined in Section 69-19-5, such fidelity bond which may be required shall be in an amount not to exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) and such insurance which may be required shall be in an amount not to exceed One Hundred Thousand Dollars ($100,000.00).

(4) No such bond and insurance shall be required from any person providing professional services as defined in this chapter if the Commissioner of Insurance certifies that such bond and insurance is not available to such person.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.