House Bill 1188

AN ACT TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE MEMBERSHIP OF THE STATE BOARD OF COSMETOLOGY TO EXPAND THE BOARD TO SEVEN MEMBERS WITH STAGGERED TERMS; TO PROVIDE THAT THE BOARD MEMBERS SHALL BE PERSONS WHO ARE IN OCCUPATIONS REGULATED BY THE BOARD AND ONE MEMBER OF THE PUBLIC; TO REDUCE THE MEMBERS' EXPERIENCE REQUIREMENT FROM TEN YEARS TO FIVE YEARS; TO DELETE THE PROHIBITION ON MEMBERS BEING CONNECTED IN ANY WAY WITH A COSMETOLOGY SCHOOL; TO AMEND SECTION 73-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR OF THE BOARD, WHO WILL BE A FULL-TIME EMPLOYEE OF THE BOARD; TO AMEND SECTIONS 73-7-13, 73-7-18 AND 73-7-21, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN REQUIREMENTS FOR THE LICENSING OF COSMETOLOGISTS, ESTHETICIANS AND MANICURISTS; TO REDUCE THE MINIMUM AGE AND EDUCATION REQUIREMENTS, REMOVE THE REQUIREMENT FOR ENGLISH FLUENCY, AND ALLOW FOR APPRENTICESHIP HOURS IN LIEU OF SCHOOLING HOURS; TO AMEND SECTION 25-3-92, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE PERSONNEL BOARD TO DEVELOP RECOMMENDED STANDARDS FOR STATE AGENCIES TO USE IN DETERMINING WHETHER OR NOT AN AGENCY'S EXECUTIVE DIRECTOR MAY RECEIVE COMPENSATORY LEAVE, AND PROVIDE THAT AGENCIES MAY USE SUCH STANDARDS WHEN ADDRESSING THE CONDITIONS UNDER WHICH AN EXECUTIVE DIRECTOR SHOULD RECEIVE COMPENSATORY LEAVE; AND FOR RELATED PURPOSES.

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

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

73-7-1. There is * * *~~hereby~~ continued and reconstituted a State Board of Cosmetology, composed of * * *~~five (5)~~ seven (7) members, six (6) of which shall * * * to be appointed by the Governor, with the advice and consent of the Senate * * *. The members of the board shall consist of two (2) cosmetologists, at least one (1) of which is a salon owner, one (1) manicurist, one (1) esthetician, one (1) cosmetology school owner, one (1) member of the public not related to cosmetology or related professions, and the State Health Officer or his or her designee. No more than two (2) members shall be appointed from each Supreme Court district.

The initial term of office for the two (2) members appointed from the First Supreme Court District shall be two (2) years ending on June 30, 2024; the initial term of office for the two (2) members appointed from the Second Supreme Court District shall be three (3) years ending on June 30, 2025; and the initial term of office for the two (2) members appointed from the Third Supreme Court District shall be four (4) years ending on June 30, 2026. After the expiration of the initial terms of offices, all later appointments shall be for terms of four (4) years from the expiration date of the previous term. No member may serve more than two (2) consecutive terms. The initial appointments must be made before July 1, 2022.

There shall be a president of the board and such other officers as deemed necessary by the board elected by and from its membership, provided that the member elected as president shall have at least one (1) year of experience on the board. Any member appointed by the Governor and confirmed by the Senate for a term to begin on or after July 1, * * *~~1997~~ 2022, who was designated by the Governor to serve as president of the board, shall be fully qualified to serve on the board for a full term of office, but shall not serve as president of the board unless elected by the membership of the board as provided under this paragraph.

To be eligible for appointment as a member of the State Board of Cosmetology, the person applying shall have been a citizen of this state for a minimum of five (5) years immediately prior to appointment. Such person shall * * *~~be at least thirty (30) years of age,~~ possess a high school education or its equivalent, and shall have been * * *~~a licensed cosmetologist~~ licensed by the board with not less than * * *~~ten (10)~~ five (5) years' active practice in * * *~~cosmetology~~ an occupation regulated by the board. No * * * two (2) members of the board may be graduates of the same school of cosmetology. The public member shall not be required to be licensed by the board.

* * *~~However, in the event of~~ If there is a vacancy by death or resignation of any member of the board, the Governor shall, within thirty (30) days, appoint a person possessing all qualifications required to serve the remainder of the term. Any member who shall not attend two (2) consecutive meetings of the board for reasons other than illness of such member shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings.

The salaries of all paid employees of the board shall be paid out of funds in the board's special fund in the State Treasury. Each member of the board, excepting the inspectors provided for herein, shall receive per diem as authorized by Section 25-3-69, and shall be reimbursed for such other expenses at the same rate and under the same conditions as other state employees as provided for in Section 25-3-41.

The board shall give reasonable public notice of all board meetings not less than ten (10) days prior to such meetings.

SECTION 2. Section 73-7-3, Mississippi Code of 1972, is amended as follows:

73-7-3. (1) The State Board of Cosmetology shall appoint an individual to serve as the executive director of the board. The executive director shall possess the qualifications established by the board that are based on national best practices, and shall serve at the will and pleasure of the board. The executive director shall devote his or her full time to the proper administration of the board and the duties assigned to him or her by the board, and shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the executive director and the board in carrying out the provisions of this chapter and the duties and directives of the board, and

* * * shall fix their tenure of employment and compensation * * * ~~therefor~~.

(2) 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.

(3) 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.

(4) 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 3. Section 73-7-13, Mississippi Code of 1972, is amended as follows:

73-7-13. (1) The board shall admit to examination for a cosmetology 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 fifteen hundred (1500) hours over a period of no less than nine (9) months in a licensed school of cosmetology or in an apprenticeship program of three thousand (3,000) hours certified by the board, and ( * * *dc) has a * * *~~high school~~ tenth (10th) grade education or its equivalent or has been successfully enrolled in a community college.

(a) The board may, in its discretion, issue to any student who has completed the prescribed hours in a licensed school and paid the required fee a temporary permit until such time as the next examination may be held, but such student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) passport photographs of the applicant. No temporary permit will be issued to an applicant from any other state to operate a beauty salon or school of cosmetology in this state unless in case of emergency.

(b) Applicants for the cosmetologist examination, after having satisfactorily passed the prescribed examination, shall be issued a cosmetology license which until June 30, 2001, shall be valid for one (1) year, and after July 1, 2001, shall be valid for two (2) years, and all those licenses shall be subject to renewal.

(c) Any barber who can read, write and speak English and has successfully completed no less than fifteen hundred (1500) hours in a licensed barber school, and who holds a current valid certificate of registration to practice barbering and who holds a current valid license, is eligible to take the cosmetology examination to secure a cosmetology license upon successfully completing five hundred (500) hours in a licensed school of cosmetology. All fees for application, examination, registration and renewal thereof shall be the same as provided for cosmetologists.

(2) 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.

(3) Any licensed cosmetologist, esthetician, or manicurist who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal, may apply for registration on the "inactive" list. Such "inactive" list shall be maintained by the board and shall set out the names and post office addresses of all persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last-known professional or residential address. Only the cosmetologists, estheticians and manicurists registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice those professions. For the purpose of this section, any licensed cosmetologist, esthetician or manicurist who has actively practiced his or her profession for at least three (3) months of the immediately preceding license renewal period shall be considered inactive practice. No cosmetologist, esthetician, or manicurist shall be registered on the "inactive" list until the person has furnished a statement of intent to take such action to the board. Any licensed cosmetologist, esthetician, manicurist or wigologist registered on the "inactive" list shall not be eligible for registration on the active list until either of the following conditions have been satisfied:

(a) Written application shall be submitted to the State Board of Cosmetology stating the reasons for such inactivity and setting forth such other information as the board may require on an individual basis and completion of the number of clock hours of continuing education as approved by the board; or

(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and

SECTION 4. Section 73-7-18, Mississippi Code of 1972, is amended as follows:

73-7-18. (1) The board shall admit to examination for an esthetician'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 * * *~~seventeen (17)~~ sixteen (16) years of age;

* * *

( * * *cb) Has a * * *~~high school~~ tenth (10th) grade education or its equivalent or has successfully enrolled in a community college; and

( * * *dc) Has successfully completed a course of training in esthetics of not less than six hundred (600) hours in an accredited school in which the practice of esthetics is taught, including not less than one hundred (100) hours of theory and five hundred (500) hours of skill practice, or in an apprenticeship program of one thousand two hundred (1,200) hours certified by the board.

* * *

(2) Every person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a period not exceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license by the board if such person presents satisfactory evidence to the board that he or she has fulfilled all the requirements to be admitted to examination except the training hours requirement.

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

73-7-21. (1) 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)~~ sixteen (16) years of age;

* * *

( * * *cb) 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 or in an apprenticeship program of seven hundred (700) hours certified by the board; and

( * * *dc) Has a * * *~~high school~~ tenth (10th) grade education or its equivalent or has successfully enrolled in a community college.

(2) 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)~~ any 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.

(3) The board shall adopt regulations governing the use of electric nail files for the purpose of filing false or natural nails.

(4) 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.

SECTION 6. Section 25-3-92, Mississippi Code of 1972, is amended as follows:

25-3-92. (1) (a) When, in the opinion of the appointing authority, it is essential that a state employee work after normal working hours, the employee may receive credit for compensatory leave. Except as otherwise provided in Section 37-13-89, when, in the opinion of the appointing authority, it is essential that a state employee work during an official state holiday, the employee shall receive credit for compensatory leave.

(b) The State Personnel Board shall develop recommended standards for state agencies to use in determining whether or not an agency's executive director may receive compensatory leave. State agencies may use such standards when addressing the conditions under which an executive director should receive compensatory leave.

(2) State employees may be granted administrative leave with pay. For the purposes of this section, "administrative leave" means discretionary leave with pay, other than personal leave or major medical leave.

(a) The appointing authority may grant administrative leave to any employee serving as a witness or juror or party litigant, as verified by the clerk of the court, in addition to any fees paid for such services, and such services or necessary appearance in any court shall not be counted as personal leave.

(b) The Governor or the appointing authority may grant administrative leave with pay to state employees on a local or statewide basis in the event of extreme weather conditions or in the event of a man-made, technological or natural disaster or emergency. Any employee on a previously approved leave during the affected period shall be eligible for such administrative leave granted by the Governor or appointing authority, and shall not be charged for his previously approved leave during the affected period.

(c) The appointing authority may grant administrative leave with pay to any employee who is a certified disaster service volunteer of the American Red Cross who participates in specialized disaster relief services for the American Red Cross in this state and in states contiguous to this state when the American Red Cross requests the employee's participation. Administrative leave granted under this paragraph shall not exceed twenty (20) days in any twelve-month period. An employee on leave under this paragraph shall not be deemed to be an employee of the state for purposes of workers' compensation or for purposes of claims against the state allowed under Chapter 46, Title 11, Mississippi Code of 1972. As used in this paragraph, the term "disaster" includes disasters designated at Level II and above in American Red Cross national regulations and procedures.

SECTION 7. This act shall take effect and be in force from and after July 1, 2022, except for Section 1, which shall take effect and be in force from and after the passage of this act.