MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Insurance
By: Representative Carpenter
AN ACT TO AMEND SECTIONS 73-69-1, 73-69-3, 73-69-5, 73-69-7, 73-69-9, 73-69-11, 73-69-13, 73-69-15, 73-69-19, 73-69-23, 73-69-25, 73-69-27 AND 73-69-31, MISSISSIPPI CODE OF 1972, TO CHANGE THE MISSISSIPPI RESIDENTIAL ELECTRONIC PROTECTION LICENSING ACT TO THE MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT; TO CLARIFY CERTAIN TERMS RELATING THERETO, TO PROVIDE THE STATE FIRE MARSHALL WITH SUBPOENA POWER FOR THE ENFORCEMENT OF THE ACT; TO REQUIRE INDIVIDUALS ENGAGED IN ALARM CONTRACT TO HOLD THE APPROPRIATE VALID LICENSE ISSUED BY THE STATE FIRE MARSHAL; TO PROVIDE FOR THE LICENSES PROCESS AND DOCUMENTATION TO BE PRESENTED AT TIME OF APPLICATION FOR LICENSURE; TO PRESCRIBE THE TYPE AND MANNER OF WORK TO BE PERFORM WITH CERTAIN CLASSES OF LICENSE; TO PROVIDE FOR EXEMPTION TO THE PROVISIONS OF THE ACT; TO REVISE THE FEE AMOUNT ASSESSED FOR CERTAIN LICENSES; TO PRESCRIBE THE OFFENSES AND PENALTIES FOR VIOLATIONS OF THE ACT; TO BRING FORWARD SECTIONS 73-69-17, 73-69-21 AND 73-69-29, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AUTHORIZE ANY PERSON AGGRIEVED BY ANY ACTION OR DECISION OF THE STATE FIRE MARSHAL TO APPEAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-69-1, Mississippi Code of 1972, is amended as follows:
73-69-1. This chapter shall
be known and may be cited as the "Mississippi * * * Electronic Protection Licensing
Act."
SECTION 2. Section 73-69-3, Mississippi Code of 1972, is amended as follows:
73-69-3. The purpose of
this chapter is to assure the general public of the competence of individuals
and companies which offer electronic protective systems * * * or services relating to such alarms or systems to the
general public by establishing statewide uniform procedures and qualifications
for the licensure of such individuals and companies.
SECTION 3. Section 73-69-5, Mississippi Code of 1972, is amended as follows:
73-69-5. As used in this chapter, the following terms shall have the meanings specified in this section:
(a) "Alarm
contracting" means providing * * * an electronic protective
system * * * to another by any means, including,
but not limited to, the sale, lease, rent, design, planning with the intent to
pre-wire, pre-wiring, installation, maintenance, repair, testing, modification,
improvement, alteration, inspection or servicing of an electronic protective
system * * *; holding oneself or one's company
out for hire to perform any such task; or otherwise offering to perform any
such task for compensation, either directly or indirectly.
(b) "Alarm contracting company" means an entity that holds a Class A license issued by the State Fire Marshal pursuant to this chapter.
(c) "Alarm verification" means an attempt by a monitoring company or its representative to contact a burglar alarm location or a burglar alarm user by telephone or other electronic means, to determine whether a burglar alarm signal is valid in an attempt to avoid unnecessary police response before requesting law enforcement to be dispatched to the location. Alarm verification further means that at least a second call shall be made to a different number if the first attempt to reach the alarm user fails. All persons licensed to monitor alarms in Mississippi shall employ alarm verification standards as defined in ANSI/CSAA CS-V-01, for all burglar alarm signals except for hold-up alarms.
( * * *d) "Board" means the
Electronic Protection Advisory Licensing Board.
( * * *e) "Burglar alarm," * * * "burglar alarm system," "intrusion
detective system" or "electronic protective system" means an
alarm, alarm system or portion of such an alarm or system that * * * is
intended to detect or warn of an intrusion or other emergency in a structure. Those
systems shall be ANSI/SIA CP-01 certified.
( * * *f) "Company" means a
proprietorship, partnership, corporation, limited-liability company or any
other entity.
( * * *g) "Designated agent" means
an owner or employee who holds a Class B license of an alarm contracting
company * * * who has been
assigned the responsibility of submitting any notice required by this chapter
to the State Fire Marshal.
( * * *h) "Supervision" means direct
on-site supervision by a * * * licensed Class B or Class C alarm system technicianqualified
license holder for the duties being performed.
( * * *i) "Electronic protective
system" means a device or a series or assembly of interconnected devices
which, when activated by automatic or manual means, produces an audible, visual
or electronic signal intended to detect or warn of a threat to a structure or emergency
to or from its occupants. This term shall include a burglar alarm system * * *, intrusion detection system, closed
circuit * * * video system or electronic access control system,
all as defined in this chapter, or a portion or combination of such alarms or
systems. However, the term "electronic protective system" shall not
include the following: (i) an alarm system installed in a motor vehicle; (ii)
a burglar alarm system, or household fire warning system sold at retail to an
individual end user for self-installation * * *; (iii) a single station fire alarm
system sold at retail to an individual end user for self-installation * * * or installed by a fire department,
the Office of the State Fire Marshal, a public agency, a volunteer fire
association or their designated representatives.
( * * *j) "Employee" means a person
who performs services for wages or salary.
( * * *k) "Employer" means a person
or entity who hires another to perform services for a wage or salary.
( * * *l) "Individual license"
means a Class B, C, D or * * *T H license issued by the State Fire Marshal pursuant
to this chapter.
( * * *m) "Licensee" means a person
or entity * * * granted a license pursuant to this chapter.
( * * *n) "Officer" means the
president, vice president, secretary, treasurer, comptroller or any other
person who performs functions for an alarm contracting company * * * corresponding to those performed by those officers.
( * * *o) "Operating location"
means a physical address that houses or maintains records of clients.
( * * *p) "Person" means a natural
person or individual.
( * * *q) "Principal" means a
person or entity that owns at least twenty percent (20%) of an alarm
contracting company * * *
regardless of the form of organization.
( * * *r) "Salesperson" means a
person who solicits another on behalf of an alarm contracting company * * * by any means, including, but not limited to, telephone or
electronic device, public notice or advertisement, door-to-door or any other
type of personal interaction, or a person who participates in the design, * * *
planning, specification
or layout of an electronic protective system on behalf of an alarm contracting
company * * *.
( * * *s) "Closed circuit * * *
video
system" means an * * *
electronic protective system that provides video surveillance of events,
primarily by means of transmission, recording, or transmission and recording of
visual signals through the use of cameras, receivers, monitors and other visual
imaging systems.
* * *
(t) * * * "Electronic
access control system" means an electronic protective system that is powered
by the building's primary power source and is used as a process to grant or
deny an individual access to a specific area or object based upon their
possession of an item, a code or physical characteristic.
SECTION 4. Section 73-69-7, Mississippi Code of 1972, is amended as follows:
73-69-7. (1) The State
Fire Marshal shall administer and enforce the provisions of this chapter * * *, shall have the power to subpoena
records for investigations and the authority to promulgate and adopt such
rules and regulations as may be necessary for such proper administration and
enforcement. The State Fire Marshal shall also have the power to subpoena
witnesses and examine witnesses under oath. The Electronic Protection
Advisory Licensing Board created in Section 73-31-21 shall advise the State
Fire Marshal with respect to the rules and regulations of the provisions of
this chapter. The State Fire Marshal shall have the authority to approve
written training programs or acceptable equivalents for meeting the training
requirements of this licensing law. The State Fire Marshal may also accept, as
such an equivalent, licensure of a company or person by a jurisdiction outside
this state, which has standards and requirements of practice which
substantially conform to the provisions of this chapter. The State Fire
Marshal shall also establish continuing education requirements.
(2) Application for a Class A license. In order to engage in alarm contracting, a company shall apply for and obtain a Class A license for each operating location doing business in the state. A Class A license shall authorize a company to engage in any type of alarm contracting. An applicant for a Class A license shall submit the following to the State Fire Marshal:
(a) Documentation that the company is an entity duly authorized to conduct business within this state.
(b) Documentation that the company holds a general liability and errors and omissions insurance policy, or a surety bond, in an amount not less than Three Hundred Thousand Dollars ($300,000.00).
(c) Documentation that the company carries a current and valid workers' compensation insurance policy as required by state law.
(d) The name of the person who will serve as the designated agent of the company.
(e) For a company applying for a Class A license, evidence that the company has at least one (1) employee who holds a Class B license at each of its operating locations.
(f) A statement that no officer or principal has been convicted of a felony, has received a first-time offender pardon for a felony, or has entered a plea of guilty or nolo contendere to a felony charge.
(i) A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon shall not constitute an automatic disqualification as otherwise required pursuant to paragraph (f) if ten (10) or more years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication or period of probation or parole.
(ii) Subparagraph (i) shall not apply to any person convicted of a felony crime of violence or a sex offense as defined in the Mississippi Criminal Code.
(iii) The Office of the State Fire Marshal may consider the seriousness and circumstances of the offense and subsequent arrests.
(g) The application fee authorized by this chapter.
(h) Documentation that the company is located within the physical boundaries of the state.
(i) A statement authorizing the State Fire Marshal to order fingerprint analysis or any other analysis or documents deemed necessary by the State Fire Marshal for the purpose of verifying the criminal history of a named officer or principal. The State Fire Marshal shall have the authority to conduct criminal history verification on a local, state or national level. The State Fire Marshal shall have the authority to determine if information submitted by an applicant is in a form acceptable to him. The State Fire Marshal shall verify or have another entity verify information submitted by each applicant.
(j) The name of each company providing monitoring services.
(3) If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise such applicant or licensee, in writing, of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days.
SECTION 5. Section 73-69-9, Mississippi Code of 1972, is amended as follows:
73-69-9. (1) If the State Fire Marshal finds that a company has met the requirements of licensing, he shall issue a Class A license to engage in alarm contracting to that company upon payment of the license fee authorized by this chapter. Such license shall include the name of the designated agent of the alarm contracting company as applicable.
(2) Each alarm contracting company shall be physically located within the boundaries of the state and shall clearly display its license in a conspicuous location at its place of business.
(3) Each alarm contracting company shall employ a Class B license holder.
(4) The designated agent of an alarm contracting company shall notify the State Fire Marshal within ten (10) days of the following:
(a) Any change in the business address of the company.
(b) (i) Any change in ownership of or interest in the company.
(ii) Any owner, partner or other principal with an interest in the company, which has been convicted of a felony or entered a plea of guilty or nolo contendere to a felony charge or received a first-time offender pardon. A felony that has been dismissed pursuant to the Mississippi Criminal Code or equivalent judicial dismissal shall not apply to this paragraph.
(iii) A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time pardon shall not constitute an automatic disqualification as otherwise required pursuant to subparagraph (ii) if ten (10) or more years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication, or period of probation or parole.
(iv) Subparagraph (i) shall not apply to any person convicted of a crime of violence or a sex offense as defined within the Mississippi Criminal Code.
(v) The Office of the State Fire Marshal may consider the seriousness and circumstances of the offense and subsequent arrests.
(c) Any change in the employment of a person holding an individual license.
(d) A change of the company providing monitoring services.
(5) In the event of the death of its designated agent or his separation from the company for any other reason, an alarm contracting company shall name another qualified owner or manager as its designated agent within ninety (90) days and shall notify the State Fire Marshal of such designation within ten (10) days.
(6) Each alarm contracting company doing business in the state shall be open for inspection by the State Fire Marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this chapter. No person acting on behalf of an alarm contracting company shall refuse to admit the State Fire Marshal or his designated representative to an operating location.
(7) Client records must be maintained for inspection by the State Fire Marshal for a three-year period.
(8) Any entity desiring to engage in alarm contracting shall hold a Class A Alarm Contracting Business license issued by the State Fire Marshal.
(9) If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise such applicant or licensee, in writing, of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days after receiving notice of the nonrenewal or denial for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days.
SECTION 6. Section 73-69-11, Mississippi Code of 1972, is amended as follows:
73-69-11. (1) Any person
employed by an alarm contracting company shall hold an individual license
issued by the State Fire Marshal. * * * The license shall authorize its
holder to engage in alarm contracting * * *,
only to the extent of the terms as further provided in this chapter.
(2) Any person desiring to
engage in alarm contracting or closed circuit television alarm system
contracting shall hold a Class B license issued by the State Fire Marshal. * * *
The application shall
be accompanied by:
(a) Two (2) suitable photographs of the applicant acceptable to the State Fire Marshal. The State Fire Marshal shall keep one (1) photograph on file and shall make the other photograph a part of any license subsequently issued to the applicant.
(b) * * *
Documentation that the applicant meets
educational requirements applicable to the type of license for which he is
applying, as follows:
(i) For a Class B
license: a minimum of * * * National Burglar and Fire Alarm AssociationElectronic
Security Association, Level 2 A and Level 2 B Burglar
Alarm training course or the Electronic Security Association, Fire Alarm
Installation Methods and Advanced Intrusion Systems training courses, or
equivalent training approved by the State Fire Marshal, and documentation
proving residency within a radius of one hundred fifty (150) miles of the
office to which he is assigned.
(ii) For a Class C
license: a minimum of * * * National Burglar and Fire Alarm AssociationElectronic Security
Association, Level 1 * * * Burglar AlarmCertified Alarm/Security Technician
training course, or equivalent training approved by the State Fire Marshal.
(iii) For a Class
D license: a minimum of * * * National Burglar and Fire Alarm AssociationElectronic
Security Association, * * *Sales Understanding * * * Electronic Security Systems
training course, or equivalent training approved by the State Fire Marshal, or
a minimum of two (2) years of design and sales experience in the alarm industry
attested to in a notarized affidavit and payroll records provided by the
applicant.
(iv) For a Class * * * H license: application * * * with verification from a Class B * * * or Class C * * * license * * * holder
that such Class B or Class C license holder will provide direct supervision of
the Class H licensee.
(c) (i) A statement by the applicant that he has not been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendere to a felony charge. A felony that has been dismissed pursuant to the Mississippi Criminal Code or equivalent judicial dismissal shall not apply to this paragraph.
(ii) A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon shall not constitute an automatic disqualification as otherwise required pursuant to subparagraph (i) if ten (10) or more years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication or period of probation or parole.
(iii) Subparagraph (ii) shall not apply to any person convicted of a felony crime of violence or a sex offense as defined within the Mississippi Criminal Code.
(d) A statement authorizing the State Fire Marshal to order fingerprint analysis or any other analysis or documents deemed necessary by the State Fire Marshal for the purpose of verifying the applicant's criminal history. The State Fire Marshal shall have the authority to conduct criminal history verification on a local, state or national level.
(e) The application fee authorized by this chapter.
(3) The State Fire Marshal shall have the authority to determine if information submitted by an applicant is in a form acceptable to him. The State Fire Marshal shall verify or have another entity verify information submitted by each applicant.
(4) If the State Fire Marshal finds that an applicant has met the applicable requirements of the alarm licensing law, he shall issue the appropriate type of license to the applicant upon payment of the license fee authorized by this chapter.
(5) Each individual license
holder shall maintain his license on his person while engaging in any type of
alarm contracting * * * as applicable.
Each such license holder shall present his license for inspection upon demand
by an employee of the Office of the State Fire Marshal or a law enforcement
officer.
(6) Each individual license holder shall notify the State Fire Marshal, on a form specified and provided by the State Fire Marshal, within ten (10) days of the following:
(a) Any change in business or home address.
(b) Any separation from an employer or change in employer.
(c) Any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon.
(7) No individual licensed
under this chapter shall contract for his services as an independent contractor
or agent without applying for and being issued a Class * * * A license under * * *
the provision of
Section 73-69-9. No alarm contracting company * * * shall contract for the independent services of a holder of
an individual license under this section.
(8) The State Fire Marshal may enter into reciprocal agreements with other states for mutual recognition of individual license holders, if the State Fire Marshal has established the criteria for acceptance of reciprocal agreements by rule or regulation.
(9) * * *
If the action by the State Fire
Marshal is to nonrenew or to deny an application for license, the State Fire
Marshal shall notify the applicant or licensee and advise such applicant or
licensee, in writing, of the reason for the denial or nonrenewal of the
applicant's or licensee's license. The applicant or licensee may make written
demand upon the State Fire Marshal within ten (10) days after receiving notice
of the nonrenewal or denial for a hearing before the State Fire Marshal to
determine the reasonableness of the State Fire Marshal's action. The hearing
shall be held within thirty (30) days.
SECTION 7. Section 73-69-13, Mississippi Code of 1972, is amended as follows:
73-69-13. The State Fire Marshal is authorized to issue individual licenses to qualified applicants that entitles the license holder to perform the following:
(a) Class B license: Alarm System Technician. Such license shall authorize its holder to design, plan, specify, lay out, sell, pre-wire, install, maintain, repair, test, inspect or service an electronic protective system while in the employ of an alarm contracting company.
(b) Class C license: Alarm System Installer. Such license shall authorize its holder to design, plan, specify, lay out, sell, pre-wire, install, maintain, repair, test, inspect or service an electronic protective system while in the employ of an alarm contracting company.
(c) Class D license: Alarm System Salesperson. Such license shall authorize its holder to design, plan, specify, lay out or sell an electronic protective system while in the employ of an alarm contracting company.
(d) * * * Class H licensee: Alarm System Helper.
The licensee shall authorize its holder to pre-wire, or assist a Class B or
Class C license holder install or service, except as otherwise provided in this
paragraph (d) an electronic protective system while under the direct
supervision of a licensed Class B or Class C holder in the employ of an alarm
contracting company. No Class H licensee may assist any license holder with pre-wiring,
wiring, programming or servicing an electronic protective system control panel.
SECTION 8. Section 73-69-15, Mississippi Code of 1972, is amended as follows:
73-69-15. (1) No person or company shall engage in alarm contracting without holding a current and valid license issued by the State Fire Marshal as provided in this chapter. However, this requirement for licensure shall not apply to:
(a) Any company or
natural person licensed to perform electrical work by the Mississippi
State * * *
Board of Contractors. This exception from licensure shall apply to the
installation of wire, conduit or other wire raceways, its associated boxes or
fittings. This exception from licensure shall also apply to the employees
of a company or natural person excepted by this paragraph, but only as to work
performed by them on behalf of the excepted employer. Notwithstanding any
other provision of this chapter, no person licensed under this chapter may
install primary power source of one hundred (100) volts or greater when the
power source is being installed to operate low-voltage systems.
* * *
( * * *b) Any owner, management company or
public institution and such person's or entity's employees while such person or
entity is designing, installing, inspecting, repairing, servicing, recoding,
adjusting or testing closed circuit television alarm systems on the premises of
the owner or public institution during the normal course and scope of his
duties.
( * * *c) Any owner, management company or
public institution and such person's or entity's employees while such person or
entity is designing, installing, inspecting, repairing, servicing or testing a
burglar alarm system only on the premises of the owner or public institution
during the normal course and scope of his duties.
(d) * * *
Any locksmith or overhead garage door installation
companies who install battery operated access control devices.
* * *
(2) No person or company
shall aid, abet, facilitate or otherwise assist any unlicensed person or
company in engaging in alarm contracting * * *,
including, but not limited to, the sale of an electronic protective system as
defined in this chapter when such person or company knew or should have known
that the person or company thus assisted was unlicensed.
(3) No person or company
shall engage in * * * alarm system contracting without holding a
current and valid license issued by the State Fire Marshal as provided in this
chapter. However, this requirement shall not apply to * * * a
n officer or employee of the United States, this state, or any
political subdivision of either, while engaged in the performance of his
official duties within the course and scope of his employment with the United
States, this state, or any political subdivision of either.
* * *
SECTION 9. Section 73-69-19, Mississippi Code of 1972, is amended as follows:
73-69-19. (1) The State Fire Marshal is authorized to assess and collect fees pursuant to this chapter, the amount of which shall not exceed the following:
* * *
( * * *ba) Provisional or original company Class A
license......................................... * * *
$450.00.
( * * *cb) Provisional or original individual
Class B, Class C * * *, Class D or Class H
license......................................... * * *
$150.00.
( * * *dc)
License class change
fee.............................................. * * *
$ 50.00
( * * *ed) Annual renewal for Class B,
Class C * * *, Class D, Class H or Class T
license fee............................................ $ 50.00.
( * * *fe) Annual renewal for a Class A license
fee.................................................... $200.00.
( * * *gf) Fee for a duplicate or replacement
license................................................ $ 20.00.
(2) The fees established in this section shall not be refundable except under such conditions as the State Fire Marshal may establish.
(3) All monies received by
the State Fire Marshal pursuant to this chapter, including, but not limited to,
fees and fines, shall be deposited immediately upon receipt by the State Fire
Marshal into a special fund which is hereby created in the State Treasury and
designated as the * * * Electronic
Protection Licensing Fund.
(4) The monies in the * * *
Electronic Protection
Licensing Fund shall be used solely for implementation, administration and
enforcement of this chapter * * * by
the State Fire Marshal * * *. Any surplus monies and interest remaining to
the credit of the fund at the end of the fiscal year shall remain to the credit
of the fund, and no part thereof shall revert to the State General Fund.
SECTION 10. Section 73-69-23, Mississippi Code of 1972, is amended as follows:
73-69-23. (1) Class I offenses shall be as follows:
(a) Signature of or submission of any document to the State Fire Marshal when the applicant or licensee reasonably should have known that the document contained false or misleading information.
(b) Failure of an
alarm contracting company * * *or closed circuit television company to timely notify the
State Fire Marshal of certain changes in the status of the licensee as required
by this licensing law.
(c) Failure of an alarm
contracting company * * *
to do either of the following:
(i) Clearly display the company's license at its place of business as required.
(ii) Replace a required Class B, license holder or its designated agent and to timely notify the State Fire Marshal as required by this licensing law.
(d) Failure of an individual license holder to maintain his license on his person and to present it for inspection as required by this licensing law.
(e) Assisting an
unlicensed person or company to engage in alarm contracting * * *
as prohibited.
(f) Refuse to admit the State Fire Marshal or his designated representative to an operating location or refuse to cooperate in the purposes of such admittance as required.
(2) Class II offenses shall be as follows:
(a) Commission of a second Class I offense.
(b) A Class I offense committed during a probation of one's licensure for a Class I offense.
(3) A Class III offense shall be as follows:
(a) The knowing and willful signature of or submission of any document to the State Fire Marshal when the applicant or licensee knew that document contained false or intentionally misleading information.
(b) Engaging in alarm
contracting * * * without a license as
prohibited.
(c) Engaging in alarm
contracting * * * during suspension of
one's license.
(d) The repeated, flagrant and willful commission of Class I or Class II offenses.
(e) Failure by an alarm contracting company to maintain a general liability and errors and omissions insurance policy as required, or to maintain a workers' compensation insurance policy as required by state law.
(f) Engaging in false, misleading or deceptive acts or practices.
(4) No licensee whose license has been revoked, denied or nonrenewed hereunder shall be entitled to file another application for a license within one (1) year from the effective date of such revocation, denial or nonrenewal; or if judicial review of such action is sought, within one (1) year from the date of final court order or the decree affirming the revocation, denial or nonrenewal. Such application, when filed, may be refused by the commissioner unless the applicant shows good cause why the revocation, denial or nonrenewal of his license shall not be deemed a bar to the issuance of a new license.
SECTION 11. Section 73-69-25, Mississippi Code of 1972, is amended as follows:
73-69-25. (1) The State Fire Marshal may impose, by written citation after reasonable notice and opportunity for hearing in accordance with the Administrative Procedures Act, penalties for violation of this chapter as provided in this section. Appeals from imposition of such penalties shall also be governed by the Administrative Procedures Act.
(2) A Class I offense shall be punishable by any or all of the following:
(a) Written reprimand by the State Fire Marshal. Such reprimand shall be a part of the record of the licensee and shall be maintained by the State Fire Marshal for a period of three (3) years. During such time, the reprimand may be given consideration in taking any subsequent disciplinary action against that licensee.
(b) Probation of
licensure for not more than twelve (12) months. Such probation may include
placement of restrictions on the alarm contracting * * * activities
and the license of the offender. Any subsequent offense committed during
probation will make the offender subject to penalties for a Class II offense.
(c) A fine of not more than Five Hundred Dollars ($500.00) for each offense.
(3) A Class II offense shall be punishable by any or all of the following:
(a) Any penalty authorized for a Class I offense.
(b) Suspension of licensure for not more than twenty-four (24) months.
(c) A fine of not more than One Thousand Dollars ($1,000.00) for each offense.
(4) A Class III offense shall be punishable by any or all of the following:
(a) Any penalty authorized for a Class I or Class II offense.
(b) Revocation of licensure.
(c) A fine of not more than Five Thousand Dollars ($5,000.00) for each offense.
(5) The State Fire Marshal may impose a separate penalty for each separate commission of an offense.
(6) Any person who knowingly and willfully violates any provision of this chapter and any rules and regulations established hereunder shall be liable to the State of Mississippi for a civil penalty or not more than Five Thousand Dollars ($5,000.00) for each such violation. Each violation of a provision of this chapter or a rule or regulation established hereunder shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required, except that the maximum civil penalty may not exceed One Million Dollars ($1,000,000.00) for any related series of violations occurring within one (1) year from the date of the first violation.
(7) An alarm contracting company, individual, director, office or agent of an alarm contracting company, who knowingly and willfully fails to obtain the applicable license required under this chapter and who is required to obtain the license under this act, and who may knowingly and willfully violate any provisions of this chapter or any rules and regulations promulgated with respect thereto, including, but not limited to, the sale, lease, rent, design, planning with the intent to pre-wire, pre-wiring, installation, maintenance, repair, testing, modification, improvement, alteration, inspection or servicing of an electronic protective system, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year, or both.
SECTION 12. Section 73-69-27, Mississippi Code of 1972, is amended as follows:
73-69-27. (1) Except for requirements which pertain to all types of businesses generally, no county or municipality shall enact any new ordinance, rule or regulation regulating companies and persons subject to licensure pursuant to this chapter.
(2) This chapter shall supersede any existing county or municipal ordinance, rule or regulation requiring certification or licensure of companies and persons engaged in alarm contracting, and such ordinances, rules and regulations shall be null, void and of no effect.
(3) Additionally, this
chapter shall supersede any existing county or municipal ordinance, rule or
regulation requiring certification or licensure of companies and persons
engaged in closed * * * video system contracting or electronic
access control system contracting, and such ordinances, rules and regulations
shall be null, void and of no effect.
SECTION 13. Section 73-69-31, Mississippi Code of 1972, is amended as follows:
73-69-31. (1) Each alarm
contracting company engaged in alarm contracting who sells an electronic
protective system to a consumer shall immediately return the lockout, installer
or programming code of the electronic protective system to the factory default
setting when the consumer cancels the contract with the alarm contracting
company and contracts with another alarm contracting company provided
all * * * contractual
obligations are fulfilled.
(2) In addition to the penalties provided in this chapter, any alarm contracting company who violates this section shall have its license revoked and be subject to a civil fine by the State Fire Marshal of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00) for each violation.
SECTION 14. Section 73-69-17, Mississippi Code of 1972, is brought forward as follows:
73-69-17. (1) (a) Each license issued pursuant to this chapter shall be valid for a period of one (1) year from its date of issuance and shall be renewed annually, on or before the anniversary date, by forwarding to the State Fire Marshal a renewal application accompanied by the payment of the renewal fee authorized by this chapter.
(b) Each licensee renewing a Class B, Class C or Class D license shall additionally submit required documentation of having satisfactorily completed continuing education requirements as established by the State Fire Marshal.
(2) Any license not renewed on or before its anniversary date shall expire and may be reinstated only upon payment of the reinstatement fee authorized by this chapter.
SECTION 15. Section 73-69-21, Mississippi Code of 1972, is brought forward as follows:
73-69-21. (1) The Electronic Protection Licensing Advisory Board is hereby created within the Department of Insurance. The board shall be composed of seven (7) members, as follows:
(a) Three (3) members shall be appointed by the Governor, one (1) member from each State Supreme Court District. Each member shall possess a valid Class A or Class B license and may be appointed from a list submitted by the Mississippi Alarm Association. Each of these appointments initially will have staggered terms. One (1) appointment will serve for two (2) years, one (1) appointment will serve for three (3) years, and the last appointment will serve for four (4) years. After the initial appointment terms, each appointee will serve for four (4) years.
(b) One (1) member shall be appointed by the State Fire Marshal from a list of nominees submitted to the State Fire Marshal by the Mississippi Alarm Association as a representative from the Alarm Manufacturing Industry. This appointment will serve for four (4) years.
(c) Two (2) members shall be appointed by the Governor at his discretion, one (1) of which shall be a law enforcement officer and one (1) shall be from the private sector. Each of these appointments will serve for four (4) years, concurrent with the term of the Governor.
(d) One (1) member shall be an employee of the Office of the State Fire Marshal designated by the State Fire Marshal. Such member shall serve as the chairman of the advisory board.
(2) (a) Each appointed member shall serve a term of four (4) years.
(b) The member designated by the State Fire Marshal shall serve a term concurrent with the term of the State Fire Marshal making such designation.
(c) No member shall serve more than two (2) consecutive terms except the member designated by the State Fire Marshal.
(d) A vacancy on the board occurring prior to expiration of a term shall be filled in the manner of the original appointment for the remainder of the term.
(3) The board shall meet at every quarter, or upon the call of the chairman or upon the written request of any three (3) members of the board. Notice of any such meeting shall be given to board members and the public at least fourteen (14) days in advance.
(4) Four (4) members of the board shall constitute a quorum for the transaction of business. The board may take action by majority vote of its members present and voting.
(5) Each appointed member of the board shall be reimbursed for travel and related expenses incurred, not to exceed those expenses authorized for reimbursement by the Department of Insurance, for each day that the member engages in board business.
(6) No member of the board shall be liable to civil action for any act performed in good faith in the execution of his duties as a board member.
SECTION 16. Section 73-69-29, Mississippi Code of 1972, is brought forward as follows:
73-69-29. (1) In addition to the penalties otherwise provided for by this chapter, the State Fire Marshal may cause to issue in any court of competent jurisdiction an injunction without bond enjoining any person from violating or continuing to violate the provisions of this chapter.
(2) In the suit for an injunction, the State Fire Marshal may demand of the defendant a penalty of Fifty Dollars ($50.00) per day for each violation, reasonable attorney fees and court costs. Judgment for penalty, attorney fees and court costs may be rendered in the same judgment in which the injunction is made absolute.
SECTION 17. Any person aggrieved by any action or decision of the State Fire Marshal under the provisions of this article may appeal therefrom, within thirty (30) days after receipt of notice thereof, to the Circuit Court of the First Judicial District of Hinds County, Mississippi, by certiorari in the manner provided by law. Such appeal shall be without supersedeas, except that the court may grant supersedeas as otherwise provided by law where the license is revoked. The court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.
SECTION 18. This act shall take effect and be in force from and after July 1, 2013.