Bill Text: MS HB765 | 2015 | Regular Session | Introduced
Bill Title: Cosmetology Board; authorize removal of members by Governor and by majority of board under certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB765 Detail]
Download: Mississippi-2015-HB765-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Human Services
By: Representative Young
House Bill 765
AN ACT TO AMEND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE GOVERNOR TO REMOVE ANY MEMBER OF THE STATE BOARD OF COSMETOLOGY FOR MISCONDUCT, INEFFICIENCY, INCOMPETENCY, NEGLECT OF DUTY OR OTHER SUFFICIENT CAUSE; TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO DOES NOT ATTEND THREE CONSECUTIVE REGULAR MEETINGS OF THE BOARD FOR REASONS OTHER THAN ILLNESS OF THE MEMBER SHALL BE SUBJECT TO REMOVAL BY A MAJORITY VOTE OF THE BOARD MEMBERS; TO PROVIDE THAT NO BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR CAUSE OR REMOVED BY THE BOARD MEMBERS FOR NOT ATTENDING MEETINGS UNTIL AFTER A PUBLIC HEARING OF THE CHARGES AGAINST HIM OR HER, AND AT LEAST THIRTY DAYS' PRIOR WRITTEN NOTICE TO THE MEMBER OF THE CHARGES AGAINST HIM OR HER AND THE DATE SET FOR THE HEARING; 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 * * * continued and reconstituted a State
Board of Cosmetology, composed of five (5) members to be appointed by the
Governor, with the advice and consent of the Senate, and whose term of office
shall be four (4) years from the date of appointment except as otherwise
provided herein. However, no more than two (2) members shall be appointed from
each Supreme Court district.
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, 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 with not less than ten (10) years' active
practice in cosmetology. No member of the board shall be connected in any way
with any school * * *
in which cosmetology is taught, nor shall any two (2) members of the
board be graduates of the same school of cosmetology.
However, in the event of
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 * * * does 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 Governor may remove any member for
misconduct, inefficiency, incompetency, neglect of duty or other sufficient
cause. Any member who does not attend three (3) consecutive regular meetings
of the board for reasons other than illness of the member shall be subject to
removal by a majority vote of the board members. However, no board member may
be removed by the Governor for cause or removed by the board members for not
attending meetings until after a public hearing of the charges against him or
her, and at least thirty (30) days' prior written notice to the member of the
charges against him or her and the date set for the hearing.
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. This act shall take effect and be in force from and after July 1, 2015.
