MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare

By: Senator(s) Canon, Woodfield, Dearing, Rayborn, Simmons, Thames

Senate Bill 2292

(As Passed the Senate)

AN ACT TO AMEND SECTION 73-7-3, MISSISSIPPI CODE OF 1972, TO DELETE THE SPECIFIC AUTHORITY OF THE STATE BOARD OF COSMETOLOGY TO EMPLOY AND FIX THE SALARY OF AN EXECUTIVE SECRETARY; TO AMEND SECTION 73-7-15, MISSISSIPPI CODE OF 1972, TO CLARIFY THE COLLEGE COURSE REQUIREMENTS OF COSMETOLOGY INSTRUCTORS; TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO REQUIRE 350 HOURS OF PRACTICE AND TRAINING FOR A MANICURIST'S LICENSE AND TO DELETE THE REPEALER ON THE AUTHORITY OF THE STATE BOARD OF COSMETOLOGY TO ISSUE REGULATIONS GOVERNING THE USE OF POWER DRILLS IN MANICURING PROCEDURES; TO AMEND SECTION 73-7-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR BIENNIAL COSMETOLOGY LICENSE RENEWAL AND FEES AFTER JUNE 30, 1999, AND TO AUTHORIZE THE BOARD TO MAKE CERTAIN REFUNDS OF FEES; TO AMEND SECTION 7-9-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ALLOW WEEKLY SETTLEMENTS OF ACCOUNTS BY ANY SPECIAL FUND STATE AGENCY WHICH IS A LICENSURE BOARD COLLECTING OR RECEIVING LESS THAN $10,000.00 IN ANY GIVEN WEEK; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-7-3, Mississippi Code of 1972, is amended as follows:

73-7-3. * * * The board shall also be authorized to employ such clerical and stenographic assistance, bookkeepers, investigators and other agents as they may deem necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensation therefor. The members of the board shall file a bond with the Secretary of State in the sum of not less than Five Thousand Dollars ($5,000.00) payable to the State of Mississippi for the faithful performance of their duties. The bond shall be made by a surety company authorized to do business in this state, the premium of the bond to be paid out of any money in the board's special fund in the State Treasury.

The office of the board shall be located in the greater metropolitan area of the City of Jackson, Mississippi, and in the event office space cannot be obtained in any state-owned building, the board is authorized to rent suitable office space and to pay therefor out of funds in the board's special fund. The board shall employ inspectors as needed, not to exceed seven (7), who shall be full-time employees and whose salaries and duties shall be fixed by the board.

The salaries of all paid employees of the board shall be paid out of the funds in the board's special fund. The inspectors shall, in addition to their salaries, be reimbursed for such expenses as are allowed other state employees under the provisions of Section 25-3-41. In addition to the paying of office rent, the board is authorized to purchase necessary office furniture and equipment, stationery, books, certificates and any other equipment necessary for the proper administration of this chapter.

SECTION 2. Section 73-7-15, Mississippi Code of 1972, is amended as follows:

73-7-15. (1) The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Is not less than twenty-one (21) years of age;

(b) Can read, write and speak English;

(c) Is a graduate of an accredited cosmetology school;

(d) Has a high school education or its equivalent;

(e) Has successfully completed seven hundred fifty (750) hours of instructor training in an accredited school of cosmetology;

(f) Has successfully completed twelve (12) semester hours in college courses approved by the board;

(g) Holds a current, valid Mississippi cosmetology license; and

(h) Has at least two (2) years' active practical experience as a licensed cosmetologist or, as an alternative to such experience, has successfully completed two thousand (2,000) hours of instructor training in an accredited school of cosmetology.

(2) The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Is not less than twenty-one (21) years of age;

(b) Can read, write and speak English;

(c) Has a high school education or its equivalent;

(d) Has successfully completed six hundred (600) hours of instructor training in an accredited school in which the practice of esthetics is taught;

(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;

(f) Holds a current, valid Mississippi esthetician's license; and

(g) Has had two (2) years of active practical experience as an esthetician or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in an accredited school in which the practice of esthetics is taught.

(3) The board shall admit to examination for a manicurist instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Is not less than twenty-one (21) years of age;

(b) Can read, write and speak English;

(c) Has a high school education or its equivalent;

(d) Has successfully completed six hundred (600) hours of instructor training in an accredited school in which the practice of manicuring is taught;

(e) Has successfully completed twelve (12) semester hours in college courses approved by the board;

(f) Holds a current, valid Mississippi manicurist's license; and

(g) Has had two (2) years of active practical experience as a manicurist or, as an alternative to such experience, has successfully completed one thousand (1,000) hours of instructor training in an accredited school in which the practice of manicuring is taught.

(4) Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section. However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, but such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent head photographs of the applicant.

(5) All instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology or esthetics or manicuring, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall not be allowed to instruct nor enroll students under his or her license until such education requirement has been met. The board may issue an inactive instructor's license to such instructors, and an inactive license may be converted into an active license after proof satisfactory to the board of completion of at least twenty-four (24) clock hours of approved continuing education required for teacher training instruction.

(6) Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

SECTION 3. Section 73-7-21, Mississippi Code of 1972, is amended as follows:

73-7-21. The board shall admit to examination for a manicurist's license any person who has made application to the board in proper form, has paid the required fee, and who:

(a) Is at least seventeen (17) years of age;

(b) Can read, write and speak English;

(c) Has successfully completed no less than three hundred fifty (350) hours of practice and related theory in manicuring and pedicuring over a period of no less than nine (9) weeks in an accredited school of cosmetology in this or any other state; and

(d) Has a high school education or its equivalent.

Licensed manicurists desiring to pursue additional hours to be eligible for a license as a cosmetologist may be credited with the three hundred fifty (350) hours acquired in studying and training to be a manicurist which may be applied to the number of hours required for a cosmetology license examination.

The board shall adopt regulations governing the use of power drills for the purpose of filing false or natural fingernails. This paragraph shall stand repealed from and after July 1, 1998.

Each application or filing made under this section shall include the Social Security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

SECTION 4. Section 73-7-29, Mississippi Code of 1972, is amended as follows:

73-7-29. The board shall assess fees in the following amounts and for the following purposes:

(a) Application for examination and reexamination -

Cosmetologist, manicurist, esthetician

or wig specialist $ 35.00

(b) Application for in-state

instructor-examination and

reexamination 50.00

(c) Application for out-of-state

instructor-examination, processing 55.00

(d) Until June 30, 1999, cosmetologist,

manicurist, esthetician, or wig

specialist license, original and

renewal 25.00

From and after July 1, 1999, biennial

original license and renewal 50.00

(e) Master cosmetologist license 35.00

(f) Cosmetologist, manicurist, esthetician,

or wig specialist by reciprocity, processing 55.00

(g) Until July 1, 1999, instructor license,

original and renewal 40.00

After July 1, 1999, biennial original

license and renewal 80.00

(h) Delinquent renewal penalty -

Cosmetologist, manicurist, esthetician,

wig specialist and instructor:

60 days to 1 year 25.00

plus license fee

Over 1 year to 3 years, per year 50.00

plus license fee

(i) Salon application 50.00

(j) Salon reinspection 35.00

(k) Salon change of ownership or location

or both 50.00

(l) Until June 30, 1999, salon license renewal 30.00

From and after July 1, 1999, biennial salon

license renewal 60.00

(m) Salon delinquent renewal penalty -

60 days to 1 year 25.00

plus license fee

Over 1 year 45.00

plus license fee

(n) Application for a new school 300.00

(o) New school reinspection 100.00

(p) School change of ownership 300.00

(q) School relocation 300.00

(r) Until June 30, 1999, school license renewal 75.00

From and after July 1, 1999, biennial school

license renewal 150.00

(s) School delinquent renewal penalty -

60 days to 1 year 100.00

plus license fee

(t) Duplicate license or lost renewal form 10.00

(u) Penalty for insufficient fund checks 20.00

(v) Affidavit processing 15.00

The board may charge additional fees for services which the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the cost of rendering the service.

The board may authorize any licensee to renew his or her license for a two-year period until June 30, 1999, after which all licenses shall be renewed biennially pursuant to the above schedule.

The board is fully authorized to make refunds of any deposits received by the board for services which are not rendered, and may refund any underpayments or overpayments of fees to licensees or applicants.

SECTION 5. Section 7-9-21, Mississippi Code of 1972, is amended as follows:

7-9-21. All state officials are hereby required to make a detailed report to the State Fiscal Officer and to pay into the State Treasury all public funds, as defined in Section 7-7-1, which are required to be paid into the Treasury. Such funds shall be deposited in the State Treasury on the same day that such funds are collected, except as provided elsewhere in this section. The State Fiscal Officer and the State Treasurer are authorized to establish clearing accounts in the State Treasury as may be necessary to facilitate the transfer of monies to municipalities, counties and other special fund accounts, as provided by law. The detailed report hereinabove required shall be fully satisfied when any revenue-collecting agency on its applications for received warrants has stated the amount of money which it has collected from any source whatsoever without having to supply the names of the taxpayers who had remitted such money. The State Fiscal Officer, with the advice and consent of the State Treasurer, may by regulation provide for weekly settlements of accounts by any state agency which collects or receives less than One Thousand Dollars ($1,000.00) in any given week, and may by regulation provide for weekly settlements of accounts by any special fund state agency which is a licensure board collecting or receiving less than Ten Thousand Dollars ($10,000.00) in any given week.

SECTION 6. This act shall take effect and be in force from and after July 1, 1998.