Bill Text: MS HB386 | 2014 | Regular Session | Enrolled
Bill Title: Water wells; delete repealer on licensing exemption for wells constructed for irrigation on driller's farm.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-03-17 - Approved by Governor [HB386 Detail]
Download: Mississippi-2014-HB386-Enrolled.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Rules; Conservation and Water Resources
By: Representative Formby
House Bill 386
(As Sent to Governor)
AN ACT TO AMEND SECTION 51-5-1, MISSISSIPPI CODE OF 1972, TO DELETE THE REPEALER ON THE PROVISION OF LAW PROVIDING FOR AN EXEMPTION FROM WATER WELL CONTRACTOR'S LICENSURE FOR WATER WELLS CONSTRUCTED FOR IRRIGATION ON THE DRILLER'S FARM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 51-5-1, Mississippi Code of 1972, is amended as follows:
51-5-1. (1) Every person, firm and corporation desiring to engage in the business of drilling and developing wells for underground water, including drilling any wells or boreholes that may penetrate water-bearing formations, in the State of Mississippi, shall file an application with the Mississippi Commission on Environmental Quality (commission) for a water well contractor's license, using forms prepared by the commission, setting out qualifications therefor and providing such other information, including test scores from any examination, oral or written, as may be required by the commission. Developing wells shall include the installation and servicing of pumps and well equipment, but shall not include the installation and servicing of above-ground pumps. The fee for such license and renewal thereof shall be One Hundred Dollars ($100.00) for each year.
(2) All licenses shall expire on June 30 of each year. Licenses shall not be transferable or assignable. A license may be renewed and shall be renewable without examination for the ensuing year by making an application not later than the expiration date, providing certification that the required continuing education units have been completed, and paying the applicable fee. Such application shall have the effect of extending the validity of the current license until the new license is issued or until the applicant is notified by the commission that the request for renewal has been denied. If an application has not been received by the commission by the expiration date, the license will expire and the licensee will be prohibited from performing any work for which the license is required until such time as the license has been reinstated. On application made after June 30 of each year, the license may be reinstated only upon compliance with all requirements for renewal, including payment of the applicable fee, plus a penalty of Ten Dollars ($10.00) for each month or fraction thereof the application is delinquent. Failure to request reinstatement within one (1) year after a license has expired may, in the discretion of the commission, be deemed a waiver of the licensee's right to reinstatement without examination; and if he should request reinstatement thereafter, the commission may require that he be considered a new applicant subject to all requirements for initial licensing including the requirement for examination.
(3) Nothing in this chapter shall prevent a person who has not obtained a license pursuant thereto from constructing a water well on his own or leased property intended for use only in a single family house which is his permanent residence, or intended for use only for watering livestock on his farm, and where the waters to be produced are not intended for use by the public or any residence other than his own. However, such person shall comply with all rules and regulations as to the construction of wells as set out by the provisions of this chapter.
(4) * * * Nothing in this chapter shall prevent a
person who has not obtained a license pursuant thereto from constructing a
water well on his own or leased property intended for use only for irrigating
crops on his farm. However, such person shall comply with all rules and
regulations as to the construction of wells as set out by the provisions of
this chapter.
* * *
(5) This section shall not apply to any person who performs labor or services at the direction and under the personal supervision of a licensed well contractor.
(6) Any person whose license has been revoked may, upon application for a new license, be required, in the discretion of the board, to take the examination and in all other ways be considered as a new applicant.
(7) As used in this chapter, the terms "State Board of Water Commissioners," "board" and "commission" mean the Mississippi Commission on Environmental Quality.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
