MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Welfare
By: Senator(s) Jackson (32nd)
AN ACT TO AMEND SECTION 73-5-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF BARBER EXAMINERS TO ENFORCE SANITATION REGULATIONS; TO AMEND SECTION 73-5-9, MISSISSIPPI CODE OF 1972, TO REQUIRE ESTABLISHMENTS TO HAVE A LICENSE FROM THE BOARD OF BARBER EXAMINERS BEFORE DISPLAYING A BARBER POLE OR ADVERTISING BARBERING SERVICES; TO AMEND SECTION 73-5-11, MISSISSIPPI CODE OF 1972, TO REQUIRE CRIMINAL BACKGROUND CHECKS OF BARBERING SCHOOL APPLICANTS WITHIN 30 DAYS BEFORE APPLICATION FOR ENROLLMENT; TO AUTHORIZE THE ISSUANCE OF TEMPORARY PERMITS TO PRACTICE BARBERING TO CERTAIN STUDENTS RECOMMENDED BY THE BARBERING SCHOOL; TO AMEND SECTION 73-5-29, MISSISSIPPI CODE OF 1972, TO PRESCRIBE FEES TO BE CHARGED BY THE STATE BOARD OF BARBER EXAMINERS AND TO REMOVE THE REQUIREMENT OF LICENSE RENEWAL FEES FOR BARBERS OR INSTRUCTORS AT LEAST 72 YEARS OF AGE; TO REQUIRE A FEE FOR THE ISSUANCE OF A TEMPORARY PERMIT TO CERTAIN BARBERING STUDENTS; TO AMEND SECTION 73-5-33, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR EMPLOYING AN UNLICENSED BARBER OR BARBERS; TO AMEND SECTION 73-5-43, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR THE VIOLATION OF CERTAIN PROHIBITED ACTS UNDER THE BARBER LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-5-7, Mississippi Code of 1972, is amended as follows:
73-5-7. (1) The Board of Barber Examiners shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. Provided, however, that any and all rules and regulations relating to sanitation shall, before adoption by the board, have the written approval of the State Board of Health. With written consent from the Mississippi Department of Health, the Board of Barber Examiners shall establish and enforce all fines concerning sanitation within barbershops and schools of barbering, except state institutions of higher learning or public community or junior colleges. The Board of Barber Examiners shall adopt regulations for the guidance of registered barbers in the operation of a shop and in the practice of barbering except, however, it shall be optional with the individual barber as to whether he or she uses a mug. Any member or designee of the Board of Barber Examiners shall have the authority to enter upon and inspect any barbershop or barber school at anytime during business hours. A copy of the rules and regulations of the State Board of Barber Examiners shall be furnished to the owner or manager of each shop and barber school affected by this chapter, and such copy shall be posted in a conspicuous place in such barbershop or barber school.
(2) The board shall have authority to establish rules and regulations governing schools of barbering in this state except those schools operated by a state institution of higher learning or by a public community or junior college. The board shall have further authority to establish curriculum for such regulated schools of barbering in this state.
Each regulated school of barbering shall submit the following to the board before enrolling students:
(a) The address of proposed school, and the type and size of building in which the school is to be located;
(b) The names and addresses of owners and officers of such school, and the names, addresses and instructor license number of managers, supervisors and instructors of such school;
(c) A list of equipment and teaching aids; and
(d) A copy of the contract to be used between the school and the student.
All regulated schools of barbering in the State of Mississippi shall be required to maintain a surety bond in the amount of Twenty-five Thousand Dollars ($25,000.00) to ensure that in the event a school ceases operation, that all unused tuition fees will be refunded to the students concerned. This bond shall remain in effect for the duration of the school's operation.
(3) The Board of Barber Examiners shall adopt rules and regulations establishing a procedure for the processing and investigation of complaints filed with the board. The board shall keep records of all complaints, and such records shall indicate the action taken on the complaints.
(4) The Board of Barber Examiners shall keep a record of its proceedings relating to the issuance, refusal, suspension and revocation of certificates of registration. The record shall also contain the name, place of business and the residence of each registered barber, and the date and number of his certificate of registration. The record shall be open to public inspection at all reasonable times.
SECTION 2. Section 73-5-9, Mississippi Code of 1972, is amended as follows:
73-5-9. (1) No person shall practice or attempt to practice barbering in the State of Mississippi without a certificate of registration as a registered barber issued pursuant to the provisions of this chapter.
(2) No person shall be a barber instructor in the State of Mississippi without a certificate of registration as a barber instructor issued pursuant to the provisions of this chapter.
(3) Any person or persons who violates any provision of this chapter shall be guilty of a misdemeanor, punishable upon conviction in a court of competent jurisdiction as follows:
(a) For the first offense, by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00);
(b) For the second offense, by a fine of not less than Five Hundred One Dollars ($501.00) nor more than One Thousand Dollars ($1,000.00);
(c) For the third and any later offense, by imprisonment for not less than five (5) days nor more than six (6) months in the county jail.
(4) (a) The "barber pole" is defined as the historical symbol used to signify the place where haircutting or barber services are performed. The barber pole is described as a cylinder with red, white and blue stripes. Red stands for "blood," white stands for "bandages," and blue stands for "veins." This distinctive mark or symbol will represent the profession of barbering and its history.
(b) All barbershops within the State of Mississippi shall post or display any form of barber pole on or near the place of business.
(c) No establishment shall display a barber pole or barber sign or advertise barbering services unless it is registered by the Board of Barber Examiners.
(d) Any unauthorized display of a barber pole or barber sign or unauthorized advertisement of barbering services by a person or person(s), entities or businesses providing services not registered by the Board of Barber Examiners or other failure to comply with this subsection (4) will be subject to a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00).
SECTION 3. Section 73-5-11, Mississippi Code of 1972, is amended as follows:
73-5-11. (1) To be
eligible for enrollment at a barbering school approved by the Board of Barber
Examiners, a person shall have a high school education or its equivalent,
and/or shall have satisfactorily passed the Ability-to-Benefit * * * Examination approved by
the U.S. Department of Education. In addition, each applicant for
enrollment must provide a criminal background check performed within thirty
(30) days before application for enrollment. Applicants with felony
convictions shall not be allowed to enroll until such time as they have
appeared before the Board of Barber Examiners and have received the board's
approval for enrollment.
(2) Any person is qualified to receive a certificate of registration to practice barbering:
(a) Who is qualified under the provisions of this chapter;
(b) Who is of good moral character and temperate habits;
(c) Who has completed not less than fifteen hundred (1500) hours at a barbering school approved by the State Board of Barber Examiners; and
(d) Who has passed a satisfactory examination conducted by the board of examiners to determine his fitness to practice barbering.
(3) A temporary permit to practice barbering until the next examination is given may be issued to a student who has completed not less than fifteen hundred (1500) hours at a barbering school approved by the Board of Barber Examiners. In no event shall a person be allowed to practice barbering on a temporary permit beyond the date the next examination is given, except because of personal illness.
(4) A temporary permit to practice barbering one (1) day per week may be issued to a student who has completed not less than one thousand (1,000) hours at a barbering school that is approved by the Board of Barber Examiners, who has at least a "B" average in practical and academic course work and who has been recommended by the barbering school for such permit.
SECTION 4. 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 * * * Sixty
Dollars ($60.00), and the further sum of not more than * * * 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 * * * Seventy-five
Dollars ($75.00), and the further sum of not more than * * * 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 Sixty Dollars ($160.00) 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 * * * 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 * * * 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 * * * who is sixty-five (65)
years of age or older shall be not more than * * * Forty Dollars
($40.00), and the renewal fee for a registered barber instructor who is sixty-five
(65) years of age or older shall be not more than Fifty Dollars ($50.00).
No renewal fee shall be charged for registered barbers * * * or registered 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.
A fee of Twenty-five Dollars ($25.00) shall be required for the issuance of a temporary permit to practice barbering one (1) day per week as authorized in Section 73-5-11(4).
SECTION 5. 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) 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 * * * Four Hundred
Fifty Dollars ($450.00) 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.
SECTION 6. Section 73-5-43, Mississippi Code of 1972, is amended as follows:
73-5-43. Each of the
following constitutes a misdemeanor, punishable in any court of competent
jurisdiction, upon conviction thereof, by a fine of not less than * * * One
Hundred Dollars ($100.00) nor more than * * * Nine
Hundred Fifty Dollars ($950.00):
The violation of any of the provisions of Sections 73-5-9, 73-5-33 and 73-5-23; or
Any acts or threats of violence against any members or employees of the board; or
Obtaining or attempting to obtain a certificate of registration for money other than the required fee, or any other thing of value, or by fraudulent misrepresentation; or
Practicing or attempting to
practice by fraudulent * * *
misrepresentation; or
The willful failure to
display a certificate of registration * * *; or
The use of any room or place for barbering which is also used for residential or business purpose (except for the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, tobacco and such commodities as are used or sold in a barbershop) unless a substantial partition of ceiling height separates the portion used for the residence or business purpose from that in which such practice of barbering is carried on.
SECTION 7. This act shall take effect and be in force from and after July 1, 2020.