Bill Text: MS SB2121 | 2016 | Regular Session | Engrossed
Bill Title: Residential builders/remodelers; clarify right to recover compensation or enforce contract if not properly licensed.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-22 - Died In Committee [SB2121 Detail]
Download: Mississippi-2016-SB2121-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Business and Financial Institutions
By: Senator(s) Massey
Senate Bill 2121
(As Passed the Senate)
AN ACT TO AMEND SECTION 73-59-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A RESIDENTIAL BUILDER OR REMODELER MUST HAVE BEEN PROPERLY LICENSED AT THE TIME OF PERFORMING THE ACT OR RENDERING THE SERVICE IN ORDER TO BRING OR MAINTAIN AN ACTION TO RECOVER COMPENSATION OR ENFORCE A CONTRACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-59-9, Mississippi Code of 1972, is amended as follows:
73-59-9. (1) Any residential builder who undertakes or attempts to undertake the business of residential construction without having a valid license as required by this chapter, or who knowingly presents to the board, or files with the board, false information for the purpose of obtaining such license, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not less than thirty (30) nor more than sixty (60) days in the county jail, or both.
(2) Any remodeler who undertakes or attempts to undertake the business of residential improvement without having a valid license as required by this chapter, or who knowingly presents to the board, or files with the board, false information for the purpose of obtaining such license, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) and not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not less than thirty (30) nor more than sixty (60) days in the county jail, or both.
(3) In order to bring or
maintain an action to recover compensation or enforce a contract, a
residential builder or remodeler * * * must
have been properly licensed at the time of performing the act or rendering the
service.
(4) The board shall have the authority to issue a citation and may stop work of a residential builder or remodeler performing work without having a valid license as required by this chapter.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
