MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Health and Human Services
By: Representative Dixon
AN ACT TO AMEND SECTION 73-7-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE BOARD OF COSMETOLOGY TO ISSUE TO EACH LICENSE HOLDER AN IDENTIFICATION CARD THAT CONTAINS A HEAD PHOTOGRAPH, THE PERSON'S NAME, AND THE TYPE OF LICENSE HELD BY THE PERSON; TO REQUIRE THE LICENSE HOLDER TO DISPLAY THE IDENTIFICATION CARD IN A CONSPICUOUS PLACE IN HIS OR HER PRINCIPAL OFFICE, PLACE OF BUSINESS OR EMPLOYMENT, AT ALL TIMES, IN ORDER TO CONDUCT BUSINESS; TO AMEND SECTION 73-7-37, MISSISSIPPI CODE OF 1972, TO INCREASE THE CRIMINAL PENALTY FOR FALSIFYING ANY DOCUMENT OR SUBMITTING FALSE INFORMATION TO THE BOARD REGARDING THE PERSON'S IDENTIFICATION, OR MAKING ANY FRAUDULENT STATEMENTS TO OBTAIN ANY BENEFITS OR PRIVILEGES UNDER COSMETOLOGY LICENSURE LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-11, Mississippi Code of 1972, is amended as follows:
73-7-11. (1) Each
owner of a * * * license issued by the * * * board * * * under the provisions of
this chapter * * *
shall display * * * the license in a conspicuous
place in his or her principal office, place of business or employment, at all
times.
(2) To each person to whom the board issued a license, the board also shall issue an identification card that contains a head photograph of the license holder, the person's name, and the type of license held by the person. The license holder shall display the identification card in a conspicuous place in his or her principal office, place of business or employment, at all times, in order to conduct business.
SECTION 2. Section 73-7-37, Mississippi Code of 1972, is amended as follows:
73-7-37. (1) The violation
of any of the provisions of this chapter, including * * * practicing one (1) of these
professions without a license, shall constitute a misdemeanor, punishable in
any court of competent jurisdiction, and any person or firm convicted of the
violation of any of the provisions of this chapter shall be fined not less than
One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
The court shall not be authorized to suspend or suspend the execution of the
fine required under this section.
(2) Any applicant or licensee who falsifies any document or submits false information to the board regarding the person's identification, or makes any fraudulent statements to obtain any benefits or privileges under this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not more than ninety (90) days, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00), or by both. The court shall not be authorized to suspend or suspend the execution of the fine required under this section.
( * * *3) If any person, firm or corporation
violates any of the provisions of this chapter, the secretary of the board,
upon direction of a majority of the board and in the name of the board, acting
through the Attorney General or an attorney employed by the board, shall apply
in any chancery court of competent jurisdiction for an order enjoining such
violation or for an order enforcing compliance with the provisions of this
chapter. Upon the filing of a verified petition in the proper court and after
notice as provided under the Mississippi Rules of Civil Procedure, such court
or any judge thereof, if satisfied by the sworn petition, by affidavit or
otherwise, that such person has violated any of the provisions of this chapter,
may issue an injunction without notice or bond, enjoining such continued
violation and such injunction shall remain in force and effect until a final
hearing. If at such hearing it is established that such person has violated or
is violating any of the provisions of this chapter, the court may enter a
decree permanently enjoining such violation or enforcing compliance with this
chapter. In addition, the court may enter a judgment against such person for
attorney's fees, court costs and the actual costs incurred by the board in
investigating the actions of such person for which the board brought the suit
for an injunction. In case of violation of any decree issued in compliance
with this subsection, the court may punish the offender for contempt of court
and the court shall proceed as in other cases.
( * * *4) The proceedings in this section
shall be in addition to and not in lieu of the other remedies and penalties
provided in this chapter.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.