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Mississippi Legislature· HB 1907Approved by Governor (Chapter 19)

Appropriation; Board of Cosmetology and Barbering., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations C; Appropriations A

By: Representatives Deweese, Read, Bennett, Creekmore IV,
Currie, McGee, Mickens, Scott, Turner

House Bill 1907

(As Sent to Governor)

AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE BOARD OF COSMETOLOGY AND
BARBERING FOR THE FISCAL YEAR 2027.

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

SECTION 1.  The following sum, or so much
thereof as may be necessary, is appropriated out of any money in the State
Treasury to the credit of the State Board of Cosmetology and Barbering, for the
purpose of defraying the expenses of the board for the fiscal year beginning
July 1, 2026, and ending June 30, 2027..........................

............................................ $
1,806,579.00.

SECTION
2.  Of the funds appropriated under the provisions of this act, not
more than the following amount of funds, with the exception of the provisions
in this section, shall be expended only for "Personal Services,"
which includes "Vacancy Funding," for the following authorized number
of employment headcount:

FUNDING:

General Funds:                 $
0.00

Special Funds:                 $
883,420.00

Total Funds:                   $
883,420.00

PERSONAL SERVICES:

Employee Salaries, Wages
and

Fringe Benefits:             $
720,078.00

Progressions:                  $
0.00

Vacancy Funding:               $
163,342.00

Total Personal
Services:        $  883,420.00

AUTHORIZED HEADCOUNT:

Permanent:                   14

Time-Limited:
0

As used in this section, the
term "Personal Services" shall mean funds provided under the major
object of expenditure category Personal Services for Salaries, Wages, and
Fringe Benefits.  Funds in this category shall not be transferred to any other
category.

It is the intention of the
Legislature to ensure compliance with the Variable Compensation Plan, as
outlined in Section 25-9-147, Mississippi Code of 1972.  Payment from these
funds shall be in accordance with the Variable Compensation Plan promulgated by
the Mississippi State Personnel Board.  It is the Legislature's intention that
no employee's salary falls below the minimum salary established by the
Mississippi State Personnel Board.

The State Personnel Board
shall determine and publish the projected annual cost of "Personal
Services" based on monthly and year-to-date payroll expenditures in
compliance with the provisions of this act.

With the funds herein
appropriated, it shall be the agency's responsibility to ensure that no single
personnel action or combination of personnel actions, when annualized, exceeds
the Fiscal Year 2027 appropriation for "Personal Services" with the
exception of escalated funds.  Further, it shall be the agency's responsibility
to ensure that funds required to be appropriated for "Personal
Services" for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds
appropriated for that purpose unless programs or positions are added to the
agency's Fiscal Year 2027 budget by the Mississippi Legislature.

If, at the time the agency
takes any action to change "Personal Services," the State Personnel
Board determines that the agency has taken or will take an action that would
cause the agency to exceed the funds appropriated in this act when annualized
for Fiscal Year 2027 or increase the need for "Personal Services" for
Fiscal Year 2028, when annualized, the State Personnel Board shall process no
salary actions until such time as the requirements of the provisions of this
section are met with the exception of new hires determined to be essential for
the agency.

When used in this section,
"Vacancy Funding" shall mean funds included in the Total Personal
Services amount listed above and designated for approved vacancies in Fiscal
Year 2027.  These funds are to be utilized to increase the number of filled
headcounts that were authorized but unfilled as of the last day of Fiscal Year
2026.  If the agency fills additional headcounts after February 1, 2026, until
the end of Fiscal Year 2026, the amount of available Vacancy Funding may be
proportionally adjusted to reflect the updated number of filled headcounts.
The agency shall be responsible for ensuring that "Vacancy Funding"
is used to increase headcounts and not for promotions, title changes, in-range
salary adjustments, or any other mechanism for increasing salaries for current
employees.

Any transfers or escalations
shall be made in accordance with the terms, conditions, and procedures
established by law or allowable under the terms set forth within this act.  The
State Personnel Board shall not escalate positions or increase the Personal
Services total without written approval from the Department of Finance and
Administration.  The Department of Finance and Administration shall not provide
written approval to escalate any funds for salaries and/or headcounts without
proof of availability of new or additional funds above the appropriated level.
Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been
accounted for and shall be converted to authorized time-limited headcounts.

No general funds authorized
to be expended herein shall be used to replace federal funds and/or other
special funds used for salaries authorized under the provisions of this act and
which are withdrawn and no longer available.

None of the funds herein
appropriated shall be used in violation of the Internal Revenue Service's
Publication 15-A relating to the reporting of income paid to contract
employees, as interpreted by the Office of the State Auditor.

If the agency's total
authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it
will be the agency's discretion as to what headcounts are removed.

SECTION 3.  The State Board of Cosmetology
and Barbering shall not be authorized to expend any funds appropriated by this
act after October 1, 2019, unless the board has adopted and implemented each of
the following policies, which shall be conditions upon the receipt and
expenditure of those funds:

(a)  A policy that the
board will not issue any licenses for the practice of wigology and will issue
licenses and certifications only as provided under the cosmetology or barbering
licensure law; and

(b)  A policy that
allows any person who holds a wig specialist license issued by the board before
July 1, 2014, to continue his or her practice as it existed before July 1,
2014, and allows any person who holds a wig salon license issued by the board
before July 1, 2014, to continue operating a wig salon under the statutory
requirements as they existed before July 1, 2014, and provides that any such
person will be eligible to receive a certificate of registration issued by the
board.

SECTION 4.  In compliance with the
"Mississippi Performance Budget and Strategic Planning Act of 1994,"
it is the intent of the Legislature that the funds provided herein shall be
utilized in the most efficient and effective manner possible to achieve the
intended mission of this agency.  Based on the funding authorized, this agency
shall make every effort to attain the targeted performance measures provided
below:

FY2027

Performance Measures                                      Target

Examination & Licensure

Number of Barber
Examinations                          1,008

Average Cost per Barber
& Instructor License            65.00

Number of Cosmetology
Examinations                     3,120

Cost Per Cosmetology
Licensing Examination             190.00

Number of School Permits                                  20

Cost Per School License                               300.00

Number of Working Days
Between

Examination &
Distribution of Results                 5

Percentage of Candidates
that Passed the

Exam                                             78.00

Average Number of Workdays
to Issue License             10.00

Average Number of Workdays
to Issue Permit              10.00

Regulation

Number of Inspections
Conducted (Annually)              6,000

Number of Formal Complaints
Received

(Annually)                                          30

Number of Disciplinary
Actions Taken                      40

Average Number of Days to
Resolve Valid

Complaints                                        90.00

Percentage of Documented
Complaints

Resolved Within Six
Months                       100.00

Percentage of Deficiencies
Noted During

Inspections are
Addressed Within the

Allotted Timeframe                                85.00

A reporting of the degree to
which the performance targets set above have been or are being achieved shall
be provided in the agency's budget request submitted to the Joint Legislative
Budget Committee for Fiscal Year 2028.

SECTION 5.  It
is the intention of this legislation to provide the funds for the board to meet
when necessary, but under no circumstances shall it meet more than sixty-two
(62) days a year.

SECTION 6.  It
is the intention of the Legislature that the State Board of Cosmetology and
Barbering shall maintain complete accounting and personnel records related to
the expenditure of all funds appropriated under this act and that such records
shall be in the same format and level of detail as maintained for Fiscal Year
2026.  It is further the intention of the Legislature that the agency's budget
request for Fiscal Year 2028 shall be submitted to the Joint Legislative Budget
Committee in a format and level of detail comparable to the format and level of
detail provided during the Fiscal Year 2027 budget request process.

SECTION 7.  It
is the intention of the Legislature that whenever two (2) or more bids are
received by this agency for the purchase of commodities or equipment, and
whenever all things stated in such received bids are equal with respect to
price, quality and service, the Mississippi Industries for the Blind shall be
given preference.  A similar preference shall be given to the Mississippi
Industries for the Blind whenever purchases are made without competitive bids.

SECTION 8.  It
is the intention of the Legislature that the funds herein appropriated shall be
expended in compliance with Section 27-104-25, Mississippi Code of 1972, that
no state agency shall incur obligations or indebtedness in excess of their
appropriation and that the responsible officers, either personally or upon
their official bonds, shall be held responsible for actions contrary to this provision.

SECTION 9.
The Board is authorized to pay vendors for Fiscal Year 2026 services rendered
during the time in which there were no appointed Board members to approve
vendor contracts or payments for the services rendered.

SECTION 10.
Of the funds appropriated under this act, funds are provided for any ITS
charges that may be required for system upgrades or migration related to the
Cloud Center of Excellence Act, as described in Section 25-53-251.

SECTION 11.
The money herein appropriated shall be paid by the State Treasurer out of any
money in the State Treasury to the credit of the proper fund or funds as set
forth in this act, upon warrants issued by the State Fiscal Officer; and the
State Fiscal Officer shall issue his warrants upon requisitions signed by the
proper person, officer or officers, in the manner provided by law.

SECTION 12.
This act shall take effect and be in force from and after July 1, 2026, with
the exception of Section 9, which shall take effect and be in force from and
after its passage.
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