MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare

By: Representative Bowles

AN ACT TO AMEND SECTION 73-5-1, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE MEMBERSHIP OF THE STATE BOARD OF BARBER EXAMINERS; TO REQUIRE THE APPOINTMENT OF MEMBERS OF THE BOARD FROM SUPREME COURT DISTRICTS AND FROM THE STATE AT LARGE; TO REQUIRE THAT AT LEAST ONE MEMBER OF THE BOARD BE A CONSUMER REPRESENTATIVE WITH FINANCIAL MANAGEMENT EXPERIENCE OR A CERTIFIED PUBLIC ACCOUNTANT; TO REQUIRE THAT THE BOARD HAVE NO MORE THAN ONE MEMBER WHO IS AFFILIATED WITH A BARBERING COLLEGE; TO AMEND SECTION 73-5-17, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT BARBERING EXAMINATIONS BE BASED ON STANDARDS OF THE COUNCIL ON LICENSURE, ENFORCEMENT AND REGULATION, AFFILIATED WITH THE COUNCIL OF STATE GOVERNMENTS; TO REQUIRE THAT NO PERSON INTERESTED IN A BARBERING COLLEGE BE INVOLVED IN THE GRADING OF EXAMINATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-5-1, Mississippi Code of 1972, is amended as follows:

73-5-1. The State Board of Barber Examiners is * * * continued and reconstituted as follows: The board * * * shall consist of five (5) members which shall include three (3) barber members, one (1) appointed from each of the three (3) Supreme Court Districts. None of the three (3) barber members shall be owners or in any way associated with a barbering school. One (1) member shall be a barber or a barber instructor appointed from the state-at-large, and (1) member shall be a consumer representative appointed from the state-at-large. All barber members must have been actively engaged in the practice of barbering for at least five (5) years before appointment to the board. A barber instructor must be currently active as a barbering instructor, and must have been actively engaged in the practice of barbering or instructing at a barbering school for at least five (5) years before appointment to the board. The consumer representative shall be a person with financial management experience or a certified public accountant. A person with financial management experience shall be a person who has experience in overseeing the accounting or financial functions of a business, public agency, or not-for-profit entity. The consumer representative shall not have any interest in or involvement with any barbershop or barbering school. Not more than one (1) member may be an owner, employee, or otherwise involved in the operation, management, or ownership of a barbering school. All appointments shall be made by the Governor with the advice and consent of the Senate. All members shall be qualified electors of the state and of good moral character.

(2) The initial term of the member from the First Supreme Court District shall expire on June 30, 2000; the initial term of the member from the Second Supreme Court District shall expire on June 30, 2001; and the initial term of the member from the Third Supreme Court District shall expire on June 30, 2002. The initial terms for both state-at-large appointees shall expire on June 30, 2003. After the expiration of the initial terms, the terms of all members shall be for four (4) years from the expiration date of the previous term. The Governor shall have the authority to appoint members to succeed board members who vacate their positions. Appointments made to fill a vacancy of a term shall be made by the Governor within sixty (60) days after the vacancy occurs. Vacancies shall be filled in accordance with Section 7-1-35.

(3) Any member who fails to attend more than two (2) consecutive meetings of the board for reasons other than illness of the member shall be deemed to have vacated his office and be subject to replacement by the Governor. The president of the board shall report to the Governor all instances where a member has failed to attend two (2) consecutive meetings.

(4) All members serving as of June 30, 1999, shall be eligible for reappointment to the board if they meet the requirements of this section.

SECTION 2. Section 73-5-17, Mississippi Code of 1972, is amended as follows:

73-5-17. The Board of Barber Examiners shall conduct examinations of applicants for certificates of registration to practice as registered barbers not less than three (3) times a year, which examination shall be had in some town or city selected by the examining board. Examinations of applicants for certificates of registration as barber instructors shall be conducted at a time and place selected by the examining board.

The board shall administer a barbering examination or examinations for barber and barber instructor candidates that measure the professional competency of the candidates. These examinations shall be in compliance with the professional testing standards developed by the Council on Licensure, Enforcement and Regulation, affiliated with the Council of State Governments. No member of the board who is involved in the ownership, management or operation of a barbering school shall participate in the development or grading of barbering examinations.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.