MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Municipalities; County Affairs

By: Senator(s) Kirby, Jordan, Horhn

AN ACT TO AMEND SECTION 27-17-457, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONTRACTORS WHO ARE LICENSED IN A COUNTY OR MUNICIPALITY WHICH HAS AN EXAMINING BOARD WHERE THERE IS REGULARLY GIVEN A WRITTEN EXAMINATION AND WHO DO 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 WITHOUT BEING REQUIRED TO OBTAIN A SEPARATE LICENSE OR ANY FURTHER EXAMINATION; TO PROVIDE THAT 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; TO CLARIFY THE APPLICATION OF THIS SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) 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 Section 27-17-457.

(5) This Section 27-17-457 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.

(6) No taxpayer receiving a privilege license under this Section 27-17-457 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 2. This act shall take effect and be in force from and after July 1, 2001.