Licensed contractors; require itemized statements and establish acceptable fees for residential builders and remodelers.

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To: Business and Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hines

HOUSE BILL NO. 99

AN ACT TO CREATE NEW SECTION 73-59-10, MISSISSIPPI CODE OF 1
1972, TO REQUIRE A PERSON LICENSED BY THE STATE BOARD OF 2
CONTRACTORS AS A RESIDENTIAL BUILDER OR REMODELER TO SUBMIT, UPON 3
REQUEST, AN ITEMIZED STATEMENT TO A CUSTOMER WITHIN 15 DAYS OF 4
COMPLETING A JOB; TO REQUIRE THE STATE BOARD OF CONTRACTORS TO 5
ESTABLISH AN ACCEPTABLE RANGE OF FEES FOR LARGE AND SMALL 6
PROJECTS; TO SUBJECT A PERSON WHO VIOLATES THESE REQUIREMENTS TO 7
DISCIPLINARY ACTION BY THE BOARD; TO AMEND SECTION 75-24-5, 8
MISSISSIPPI CODE OF 1972, TO REQUIRE THE ACT OF CHARGING FEES IN 9
EXCESS OF THE ACCEPTABLE RATE TO BE CONSIDERED AN UNFAIR METHOD OF 10
COMPETITION OR UNFAIR OR DECEPTIVE TRADE PRACTICE UNDER THE 11
CONSUMER PROTECTION LAWS; TO BRING FORWARD SECTION 73-59-13, 12
MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND 13
FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. The following shall be codified as Section 16
73-59-10, Mississippi Code of 1972: 17
73-59-10. (1) If a customer of a residential builder or 18
remodeler required under this chapter to be licensed by the State 19
Board of Contractors requests a financial itemization for 20
residential construction or residential improvements performed, 21
the residential builder or remodeler shall provide to the 22
customer, no later than fifteen (15) business days after receiving 23
the request, an itemized listing including no less than: 24
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invoices; fees; receipts for materials; and the fee charged for 25
the completed job. 26
(2) The State Board of Contractors shall establish an 27
acceptable range of fees for construction and remodeling costs. 28
For a completed project determined by the board to be a large 29
project, the fee may not exceed twenty percent (20%) of 30
construction costs, and for a completed project determined by the 31
board to be a small project, the fee may not exceed an hourly rate 32
of One Hundred Fifty Dollars ($150.00) per hour. The board shall 33
adopt a rule setting forth a clear description for what is 34
considered a large project and a small project and the 35
corresponding range of acceptable fees for each size project, 36
subject to the limitations prescribed in this subsection. 37
(3) A contractor who violates this section may be subject to 38
disciplinary action by the board under Section 73-15-13. In 39
addition, a violation of subsection (2) of this section is 40
considered an unfair method of competition or deceptive trade 41
practice under Section 75-24-5, and an action may be brought 42
against the person under the consumer protection laws of this 43
state (Sections 75-24-1 through 75-24-29). 44
SECTION 2. Section 75-24-5, Mississippi Code of 1972, is 45
amended as follows: 46
75-24-5. (1) Unfair methods of competition affecting 47
commerce and unfair or deceptive trade practices in or affecting 48
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commerce are prohibited. Action may be brought under Section 49
75-24-5(1) only under the provisions of Section 75-24-9. 50
(2) Without limiting the scope of subsection (1) of this 51
section, the following unfair methods of competition and unfair or 52
deceptive trade practices or acts in the conduct of any trade or 53
commerce are * * * prohibited: 54
(a) Passing off goods or services as those of another; 55
(b) Misrepresentation of the source, sponsorship, 56
approval, or certification of goods or services; 57
(c) Misrepresentation of affiliation, connection, or 58
association with, or certification by another; 59
(d) Misrepresentation of designations of geographic 60
origin in connection with goods or services; 61
(e) Representing that goods or services have 62
sponsorship, approval, characteristics, ingredients, uses, 63
benefits, or quantities that they do not have or that a person has 64
a sponsorship, approval, status, affiliation, or connection that 65
he does not have; 66
(f) Representing that goods are original or new if they 67
are reconditioned, reclaimed, used, or secondhand; 68
(g) Representing that goods or services are of a 69
particular standard, quality, or grade, or that goods are of a 70
particular style or model, if they are of another; 71
(h) Disparaging the goods, services, or business of 72
another by false or misleading representation of fact; 73
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(i) Advertising goods or services with intent not to 74
sell them as advertised; 75
(j) Advertising goods or services with intent not to 76
supply reasonably expectable public demand, unless the 77
advertisement discloses a limitation of quantity; 78
(k) Misrepresentations of fact concerning the reasons 79
for, existence of, or amounts of price reductions; 80
(l) Advertising by or on behalf of any licensed or 81
regulated health care professional which does not specifically 82
describe the license or qualifications of the licensed or 83
regulated health care professional; 84
(m) Charging an increased premium for reinstating a 85
motor vehicle insurance policy that was cancelled or suspended by 86
the insured solely for the reason that he was transferred out of 87
this state while serving in the United States Armed Forces or on 88
active duty in the National Guard or United States Armed Forces 89
Reserve. It is also an unfair practice for an insurer to charge 90
an increased premium for a new motor vehicle insurance policy if 91
the applicant for coverage or his covered dependents were 92
previously insured with a different insurer and canceled that 93
policy solely for the reason that he was transferred out of this 94
state while serving in the United States Armed Forces or on active 95
duty in the National Guard or United States Armed Forces Reserve. 96
For purposes of determining premiums, an insurer shall consider 97
such persons as having maintained continuous coverage. The 98
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provisions of this paragraph (m) shall apply only to such 99
instances when the insured does not drive the vehicle during the 100
period of cancellation or suspension of his policy; 101
(n) Violating the provisions of Section 75-24-8; 102
(o) Violating the provisions of Section 73-3-38; 103
(p) Violating any of the provisions of Title 41, 104
Chapter 149, Mississippi Code of 1972; * * * 105
(q) Violating any of the provisions of Title 45, 106
Chapter 38, Mississippi Code of 1972 * * *; 107
(r) Violating any of the provisions of Title 41, 108
Chapter 151, Mississippi Code of 1972 * * *; and 109
(s) Violating the provisions of Section 73-59-10(2). 110
SECTION 3. Section 73-59-13, Mississippi Code of 1972, is 111
brought forward as follows: 112
73-59-13. (1) The board, upon satisfactory proof and in 113
accordance with the provisions of this chapter and the regulations 114
of the board pertaining thereto, is authorized to take the 115
disciplinary actions provided for in this section against any 116
person for any of the following reasons: 117
(a) Violating any of the provisions of this chapter or 118
the rules or regulations of the board pertaining to the work of 119
residential building or residential improvement; 120
(b) Fraud, deceit or misrepresentation in obtaining a 121
license; 122
(c) Gross negligence or misconduct; 123
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(d) Engaging in work of residential building or 124
residential improvement on an expired license or while under 125
suspension or revocation of license unless the suspension or 126
revocation be abated in accordance with this chapter; 127
(e) Loaning a license to an unlicensed person; 128
(f) Failing to maintain workers' compensation 129
insurance, if applicable; or 130
(g) Failing to pay for goods or services for which the 131
builder is contractually bound. 132
(2) Any person, including members of the board, may prefer 133
charges against any other person for committing any of the acts 134
set forth in subsection (1) of this section. Such charges shall 135
be sworn to, either upon actual knowledge or upon information and 136
belief, and shall be filed with the board. 137
The board shall investigate all charges filed with it and, 138
upon finding reasonable cause to believe that the charges are not 139
frivolous, unfounded or filed in bad faith, may, in its 140
discretion, cause a hearing to be held, at a time and place fixed 141
by the board, regarding the charges and may compel the accused by 142
subpoena to appear before the board to respond to such charges. 143
The board may send a certified inspector to inspect the 144
building or structure which is the subject of a complaint or the 145
board may use a county certified building inspector from the 146
county where the building or structure is located to inspect the 147
building or structure which is the subject of a complaint. The 148
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report of the inspector shall be used in the investigation and the 149
determination of the board. The provisions above shall only apply 150
to hearings. 151
No disciplinary action may be taken until the accused has 152
been furnished both a statement of the charges against him and 153
notice of the time and place of the hearing thereon, which shall 154
be personally served on such accused or mailed by certified mail, 155
return receipt requested, to the last known business or residence 156
address of the accused not less than thirty (30) days prior to the 157
date fixed for the hearing. The complaining party shall be 158
notified of the place and time of the hearing by mail to the last 159
known business or residence address of the complaining party not 160
less than thirty (30) days prior to the date fixed for the 161
hearing. 162
(3) At any hearing held hereunder, the board shall have the 163
power to subpoena witnesses and compel their attendance and may 164
also require the production of books, papers, documents or other 165
materials which may be pertinent to the proceedings. The board 166
may designate or secure a hearing officer to conduct the hearing. 167
All evidence shall be presented under oath, which may be 168
administered by any member of the board, and thereafter the 169
proceedings may, if necessary, be transcribed in full by a court 170
reporter and filed as part of the record in the case. Copies of 171
such transcriptions may be provided to any party to the 172
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proceedings at a price reflecting actual cost, to be fixed by the 173
board. 174
All witnesses who are subpoenaed and appear in any 175
proceedings before the board shall receive the same fees and 176
mileage as allowed by law to witnesses in county, circuit and 177
chancery court pursuant to Section 25-7-47, Mississippi Code of 178
1972, and all such fees shall be taxed as part of the costs in the 179
case. 180
When, in any proceeding before the board, any witness shall 181
fail or refuse to attend upon subpoena issued by the board, shall 182
refuse to testify, or shall refuse to produce any books and papers 183
the production of which is called for by the subpoena, the 184
attendance of such witness and the giving of his testimony and the 185
production of the books and papers shall be enforced by any court 186
of competent jurisdiction of this state in the manner provided for 187
the enforcement of attendance and testimony of witnesses in civil 188
cases in the courts of this state. 189
The accused and the complaining party shall have the right to 190
be present at the hearing in person, by counsel or other 191
representative, or both. The board is authorized for proper cause 192
to continue or recess the hearing as may be necessary. 193
(4) At the conclusion of the hearing, the board may either 194
decide the issue at that time or take the case under advisement 195
for further deliberation. The board shall render its decision not 196
more than ninety (90) days after the close of the hearing and 197
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shall forward to the last-known business or residence address of 198
the accused, by certified mail, return receipt requested, a 199
written statement of the decision of the board. 200
(5) If a majority of the board finds the accused guilty of 201
the charges filed, the board may: 202
(a) Issue a public or private reprimand; 203
(b) Suspend or revoke the license of the accused; 204
(c) Order completion of an additional educational 205
requirement prescribed by the board not to exceed two (2) hours 206
per violation; or 207
(d) In lieu of or in addition to any reprimand, 208
suspension, revocation, or education requirement, assess and levy 209
upon the guilty party a monetary penalty of not less than One 210
Hundred Dollars ($100.00) nor more than Five Thousand Dollars 211
($5,000.00) for each violation. 212
(6) A monetary penalty assessed and levied under this 213
section shall be paid to the board upon the expiration of the 214
period allowed for appeal of such penalties under this section or 215
may be paid sooner if the guilty party elects. Money collected by 216
the board under this section shall be deposited to the credit of 217
the State Board of Contractors Fund. 218
When payment of a monetary penalty assessed and levied by the 219
board in accordance with this section is not paid when due, the 220
board shall have the power to institute and maintain proceedings 221
in its name for enforcement of payment in the chancery court of 222
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the county of residence of the delinquent party; however, if the 223
delinquent party is a nonresident of the State of Mississippi, 224
such proceedings shall be in the Chancery Court of the First 225
Judicial District of Hinds County, Mississippi. 226
(7) When the board has taken a disciplinary action under 227
this section, the board may, in its discretion, stay such action 228
and place the guilty party on probation for a period not to exceed 229
one (1) year upon the condition that such party shall not further 230
violate either the laws of the State of Mississippi pertaining to 231
the practice of residential construction or residential remodeling 232
or the bylaws, rules or regulations promulgated by the board. 233
(8) The board shall not assess any of the costs of 234
disciplinary proceedings conducted pursuant to this section 235
against the prevailing party. 236
(9) The power and authority of the board to assess and levy 237
the monetary penalties provided for in this section shall not be 238
affected or diminished by any other proceedings, civil or 239
criminal, concerning the same violation or violations except as 240
provided in this section. 241
(10) The board, for sufficient cause, may reissue a revoked 242
license whenever a majority of the board members vote to do so. 243
(11) Within ten (10) days after any order, judgment or 244
action of the board, any person aggrieved thereby may appeal such 245
order, judgment or action either to the chancery court of the 246
county wherein the appellant resides or to the Chancery Court of 247
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the First Judicial District of Hinds County, Mississippi, upon 248
giving bond with sufficient security in the amount of Two Hundred 249
Fifty Dollars ($250.00), approved by the clerk of the chancery 250
court and conditioned to pay any costs which may be adjudged 251
against such person. In lieu of the bond, the appellant may post 252
Two Hundred Fifty Dollars ($250.00) with the clerk of the chancery 253
court and conditioned to pay any costs which may be adjudged 254
against such person. 255
Notice of appeal shall be filed in the office of the clerk of 256
the chancery clerk, who shall issue a writ of certiorari directed 257
to the board commanding it within forty-five (45) days after 258
service thereof to certify to such court its entire record in the 259
matter in which the appeal has been taken. The appeal shall 260
thereupon be heard in due course by the court, and the court shall 261
review the record and shall affirm or reverse the judgment. If 262
the judgment is reversed, the chancery court or chancellor shall 263
render such order or judgment as the board ought to have rendered, 264
and certify the same to the board; and costs shall be awarded as 265
in other cases. 266
Appeals may be had to the Supreme Court of the State of 267
Mississippi as provided by law from any final action of the 268
chancery court. The board may employ counsel to defend all such 269
appeals, to be paid out of the funds in the State Board of 270
Contractors Fund. 271
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On appeal, any order, judgment or action of the board 272
revoking a certificate of responsibility or residential license 273
shall remain in full force unless the chancery court or Supreme 274
Court reverses such order, judgment or action of the board. 275
The remedies provided under this chapter for any aggrieved 276
person shall not be exclusive, but shall be cumulative of and 277
supplemental to any other remedies which he may otherwise have in 278
law or in equity, whether by injunction or otherwise. 279
(12) Any political subdivision or agency of this state which 280
receives a complaint against a residential builder or remodeler 281
shall, in addition to exercising whatever authority such political 282
subdivision or agency has been given over such complaint, forward 283
the complaint to the board. 284
(13) In addition to the reasons specified in subsection (1) 285
of this section, the board shall be authorized to suspend the 286
license of any licensee for being out of compliance with an order 287
for support, as defined in Section 93-11-153. The procedure for 288
suspension of a license for being out of compliance with an order 289
for support, and the procedure for the reissuance or reinstatement 290
of a license suspended for that purpose, and the payment of any 291
fees for the reissuance or reinstatement of a license suspended 292
for that purpose, shall be governed by Section 93-11-157 or 293
93-11-163, as the case may be. Actions taken by the board in 294
suspending a license when required by Section 93-11-157 or 295
93-11-163 are not actions from which an appeal may be taken under 296
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ST: Licensed contractors; require itemized
statements and establish acceptable fees for
residential builders and remodelers.
this section. Any appeal of a license suspension that is required 297
by Section 93-11-157 or 93-11-163 shall be taken in accordance 298
with the appeal procedure specified in Section 93-11-157 or 299
93-11-163, as the case may be, rather than the procedure specified 300
in this section. If there is any conflict between any provision 301
of Section 93-11-157 or 93-11-163 and any provision of this 302
chapter, the provisions of Section 93-11-157 or 93-11-163, as the 303
case may be, shall control. 304
SECTION 4. This act shall take effect and be in force from 305
and after July 1, 2026. 306