MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Ways and Means; Appropriations

By: Representative Ladner

House Bill 1146

AN ACT TO AMEND SECTIONS 73-5-29,73-5-33 AND 73-5-35, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM AMOUNT OF THE EXAMINATION FEES, LICENSE FEES AND LICENSE RENEWAL FEES THAT THE STATE BOARD OF BARBER EXAMINERS MAY CHARGE TO BARBERS, BARBER INSTRUCTORS, BARBERSHOPS AND BARBER SCHOOLS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 73-5-29, Mississippi Code of 1972, is amended as follows:

     73-5-29.  The fee for taking an examination as a registered barber shall be in the sum of not more than * * *Fifty‑five Dollars ($55.00) Seventy-five Dollars ($75.00), and the further sum of not more than * * *Forty‑five Dollars ($45.00) Sixty Dollars ($60.00) shall be required for the issuance of a certificate for the registered barber.  The fee for taking an examination as a registered barber instructor shall be in the sum of not more than * * *Fifty‑five Dollars ($55.00) Seventy-five Dollars ($75.00), and the further sum of not more than * * *Fifty Dollars ($50.00) Seventy-five Dollars ($75.00) shall be required for the issuance of a certificate of registration for the registered barber instructor.  A fee of not more than * * *One Hundred Fifty Dollars ($150.00) Two Hundred Dollars ($200.00) shall be required for the issuance of a certificate of registration to a practicing barber of another state as authorized by Section 73-5-21.  Likewise, an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber of not more than * * *Forty‑five Dollars ($45.00) Sixty Dollars ($60.00) shall be charged for the issuance of the renewal of the certificate; an annual renewal fee payable on the anniversary date of the issuance of each certificate of registration as a registered barber instructor of not more than * * *Fifty Dollars ($50.00) Seventy-five Dollars ($75.00) shall be charged for the issuance of the renewal of the certificate; however, the renewal fee for a registered barber and barber instructor who is sixty-five (65) years of age or older shall be not more than * * *Thirty Dollars ($30.00) Fifty Dollars ($50.00).  No renewal fee shall be charged for registered barbers and barber instructors who are at least seventy-two (72) years of age.  A fee of Ten Dollars ($10.00) for each year or any portion thereof in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of expired certificates of registration issued pursuant to this chapter.  Additionally, in order to restore any certificate of registration issued under this chapter that has been expired for a period of five (5) years or longer, the holder thereof must retake and pass the appropriate examination.  A penalty of Ten Dollars ($10.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have expired for a period of thirty (30) to sixty (60) days.  A penalty of Twenty-five Dollars ($25.00) in addition to payment of all unpaid renewal fees in arrears and the regular renewal fee shall be required for the restoration of certificates that have been expired for a period greater than sixty (60) days.

     The board may adopt and spread upon its minutes the rules and regulations for the issuance of a duplicate certificate for which a fee of not more than Ten Dollars ($10.00) may be charged.  However, each duplicate certificate issued shall have stamped across its face the word "duplicate" and shall bear the number of the original certificate in lieu of which it is issued.

     SECTION 2.  Section 73-5-33, Mississippi Code of 1972, is amended as follows:

     73-5-33.  (1)  The board shall issue a license for each barbershop in operation in the State of Mississippi, and the board shall prescribe the rules and regulations and circulate the information necessary to obtain a license for the barbershop.  A fee of not more than * * * Fifteen Dollars ($15.00) Twenty-five Dollars ($25.00) for each chair manned by a registered barber located in the shop shall be required for the issuance of the license, and the same fee shall be required for a renewal of the license to the shop, the renewal due on the anniversary date of each year.  A fee of not more than Twenty-five Dollars ($25.00) in addition to the regular renewal fee shall be required for restoration of any license that has expired for more than thirty (30) days.  Any barbershop license having passed the second year anniversary date, in delinquency, shall be required to have a new shop inspection and shall hereafter pay an initial fee of not more than Forty-five Dollars ($45.00) in addition to all other fees required for restoration.

     (2)  All barbershop owners shall be responsible for employing only licensed barbers in the shop.  Any barbershop owner found by the Board of Barber Examiners to employ an unlicensed barber or barbers shall be fined Five Hundred Dollars ($500.00) payable into the State General Fund, and shall be subject to closure until those violations are corrected.  For any later violation, the fine shall be One Thousand Dollars ($1,000.00).  Any barbershop operating within the State of Mississippi without a license * * *after July 1, 1968, shall be subjected to closing by a proper order of a court of competent jurisdiction upon a proper showing that it has failed to comply with the terms of this chapter.

     (3)  The board may assess against any barbershop owner found to employ an unlicensed barber or barbers any of the following costs that are expended by the board in the conduct of a proceeding for violation of subsection (2):  court filing fees, court costs and the cost of serving process.  Any monies collected by the board under this subsection (3) shall be deposited into the special fund operating account of the board.

     (4)  All new barbershops or change of ownership or location of barbershops shall hereafter pay an initial fee of not more than Twenty-five Dollars ($25.00) in addition to all other fees required before beginning business.  The fee shall not be transferable upon change of ownership or location.

     (5)  All licensees shall notify the State Board of Barber Examiners of the location of the barbershop at which they are employed.

     (6)  The board shall issue a citation of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) to a barbershop for violation of any board rule on sanitation.

     SECTION 3.  Section 73-5-35, Mississippi Code of 1972, is amended as follows:

     73-5-35.  All barber schools operated in this state shall pay an annual license fee of * * *One Hundred Dollars ($100.00) One Hundred Fifty Dollars ($150.00) and the same fee shall be required for renewal of the license to each such school on July 1 of each year.  A fee of not more than Twenty-five Dollars ($25.00) shall be required for restoration of an expired license that has been expired for a period of at least thirty (30) days of the renewal date.

     The license to operate those schools shall be issued by the Board of Barber Examiners after approval by the board.  This license shall not be transferable for any cause and must be renewed annually.

     All barber schools operated in this state shall be under the direct supervision of a registered barber instructor at all times.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2020.