HOUSE BILL NO. 22
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H0022...........................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
BARBERS - Amends existing law relating to barbers to expand exemptions; to
require a twenty thousand dollar bond for barber schools; and to remove the
temporary permit fee.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 62-5-3
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Henbest, Jones, Kellogg, Lake, Langford,
Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,
Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills
NAYS -- Barrett, Harwood, Kulczyk, McKague, Wood
Absent and excused -- Jaquet, Rydalch, Mr. Speaker
Floor Sponsor - Mitchell
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Health/Wel
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- McWilliams
Floor Sponsor - Brandt
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/10 To Governor
03/13 Governor signed
Session Law Chapter 54
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 22
BY MR. SPEAKER
Requested by: Bureau of Occupational Licenses
1 AN ACT
2 RELATING TO BARBERS; AMENDING SECTION 54-504, IDAHO CODE, TO EXPAND EXEMPTIONS
3 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-507, IDAHO CODE, TO
4 REQUIRE APPROVED BARBER SCHOOLS OR COLLEGES TO DELIVER A BOND TO THE STATE
5 OF IDAHO IN THE SUM OF TWENTY THOUSAND DOLLARS AND TO PROVIDE A COPY OF
6 THE BOND ANNUALLY TOGETHER WITH THE APPLICATION FOR SCHOOL LICENSE
7 RENEWAL; AMENDING SECTION 54-513, IDAHO CODE, TO DELETE EXEMPTION LANGUAGE
8 AND TO PROVIDE REFERENCE TO LICENSED BARBERS OR BARBER-STYLISTS; AND
9 AMENDING SECTION 54-518, IDAHO CODE, TO REMOVE LANGUAGE PROVIDING FOR A
10 TEMPORARY PERMIT FEE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 54-504, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-504. EXCEPTIONS. (1) The following persons are exempt from the provi-
15 sions of this chapter while in the proper discharge of their professional
16 duties shall not apply in the following instances:
17 1.(a) Persons authorized by the laws of the state to practice as a regis-
18 tered nurse or any of the healing arts while in the proper discharge of
19 their professional duties;
20 2.(b) Persons who are licensed to practice cosmetology in this state.,
21 provided hHowever, the provisions of this section shall not be construed
22 to authorize such persons specified under paragraph 2 of this section to
23 practice barbering, except those acts that are permitted under the Idaho
24 cosmetology law; and
25 (c) Persons practicing in their own home on members of their immediate
26 family without compensation.
27 (2) The provisions of section 54-513, Idaho Code, shall not apply to
28 licensed parties performing barber or barber-styling services for persons
29 unable by reason of ill health, medical confinement or involuntary incarcera-
30 tion to go to a barber establishment.
31 SECTION 2. That Section 54-507, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 54-507. APPROVED BARBER COLLEGES -- REQUIREMENTS -- BOND. No school
34 teaching the art or science of barbering shall operate or be licensed as a
35 school of barbering, unless the entrance requirements are equal to those which
36 are required under section 54-506, Idaho Code. An approved college may teach
37 special courses, but as a prerequisite to graduation the college must provide:
38 (1) A course of instruction for barber-stylists of not less than one
39 thousand eight hundred (1,800) hours and include in its course of instruction
40 the scientific fundamentals for barbering: hygiene; bacteriology; histology of
41 the hair, skin, nails, muscles and nerves; structure of the head, face and
2
1 neck; elementary chemistry relating to sterilization and antiseptics; diseases
2 of the skin, hair, glands and nails; massaging and manipulating the muscles of
3 the upper body; hair cutting; shaving; and arranging, dressing, curling,
4 waving, straightening, coloring, bleaching and tinting of the hair; and
5 (2) A course of instruction for barbers of not less than nine hundred
6 (900) hours and include in its course of instruction the scientific fundamen-
7 tals for barbering: hygiene; bacteriology; histology of the hair, skin, nails,
8 muscles and nerves; structure of the head, face and neck; elementary chemistry
9 relating to sterilization and antiseptics; diseases of the skin, hair, glands
10 and nails; massaging and manipulating the muscles of the upper body; hair cut-
11 ting; shaving; and arranging and dressing of the hair.
12 For the purpose of this chapter, a recognized approved barber school or
13 college (hereinafter referred to as a college) shall be understood to be a
14 college that has met with the provisions of this chapter, and has a valid
15 unrevoked license issued by the board, to the effect that said college is
16 approved by the state of Idaho.
17 No college in the state shall advertise or use any signs or terms to indi-
18 cate that the college is approved, recognized, accredited, certified, or
19 licensed unless said college is licensed by the board. Every college shall
20 advertise as a college and make known to the public and customers that the
21 work is being done by students.
22 All instructors in an approved college must be licensed in the state of
23 Idaho as a barber instructor or a cosmetology instructor.
24 Every instructor in an approved college shall devote his or her entire
25 time during class hours to that of instructing the students and shall not
26 apply his time to that of private or public practice during the school or
27 class hours.
28 A college furnishing satisfactory evidence that it is maintaining the
29 requirements set forth in this chapter, whether located within or without the
30 state, shall, upon the payment of the required fee, be issued a license to the
31 effect that the college is approved by the board.
32 A license issued to a college must be renewed annually on July first of
33 each year. Should a college fail or refuse to renew a license said college
34 shall cease to operate if within the state of Idaho and be removed from the
35 list of the approved colleges.
36 The board may cancel or refuse to renew a license issued to a college upon
37 proof that said college has failed or refused to meet with the requirements
38 for approved colleges set forth in this chapter.
39 One (1) instructor must be employed to each fifteen (15) students or frac-
40 tional part thereof and one (1) barber instructor must be employed on a full-
41 time basis in each school or college.
42 Every school or college approved by the board shall deliver to the board,
43 a bond to the state of Idaho in the sum of twenty thousand dollars ($20,000)
44 in a form approved by the board, and renew the same provide a copy of the bond
45 annually, in the sum of two thousand dollars ($2,000), together with the
46 application for school license renewal. The bond shall be executed by a corpo-
47 rate surety company duly authorized to do business in this state, conditioned
48 that such school or college shall continue to give its courses of instruction,
49 in accordance with the provision of this chapter, until it has completed all
50 such courses for which students have enrolled, and conditioned that such
51 school or college shall fully comply with all promises or representations made
52 to enrolled students as an inducement to such students to enroll. Any student
53 so enrolled who may be damaged by reason of the failure of such school or col-
54 lege to comply with such conditions, shall have a right of action in his or
55 her own name, on such bonds, for such damage.
3
1 SECTION 3. That Section 54-513, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 54-513. PERFORMANCE OF SERVICES TO BE LIMITED TO LICENSED SHOPS AND
4 SCHOOLS OR COLLEGES. It shall be unlawful to practice barbering in other than
5 a properly licensed barbershop or barber school or college except the perform-
6 ing of barber services by licensed parties for persons unable by reason of ill
7 health to go to a barbershop and except that a registered licensed barber or
8 barber-stylist may work in a properly licensed cosmetology shop and except
9 that a barber instructor may work in a properly licensed cosmetology school.
10 SECTION 4. That Section 54-518, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-518. FEES. The various fees to be paid by applicants for original reg-
13 istrations, original licenses, annual renewals, and examinations as required
14 under this chapter shall be fixed by rules of the board in amounts not to
15 exceed the following:
16 (1) Original licenses and annual renewals thereof:
17 approved barber college within the state, original license/annual
18 renewals......................................................$200.00
19 approved barber college located outside the state, original
20 license/annual renewals........................................100.00
21 barbershop original license/annual renewals.....................50.00
22 barber, original license/annual renewals........................50.00
23 barber-stylist, original license/annual renewals................50.00
24 teacher, original license/annual renewals.......................60.00
25 student registration (no renewal fees required).................60.00
26 temporary permit fee (no renewal fees required).................60.00
27 endorsement.....................................................80.00
28 (2) Examination/Reexamination:
29 barber........................................................$ 75.00
30 teacher license examination....................................100.00
31 All fees shall be paid to the bureau of occupational licenses. Fees shall
32 not be prorated or refundable. The fee for reinstatement shall be as provided
33 in section 67-2614, Idaho Code. All licenses expire on June 30.
STATEMENT OF PURPOSE
RS 12356C1
54-504 the barber board will expand exemption to include all
licensed nurses, persons practicing in their own homes on family
members without compensation, and to allow services for those
unable by ill health, medical confinement or involuntary
incarceration to go to the barber shop.
Would require barber schools or colleges approved by the board to
deliver to the board a $20,000 bond.
54-513 deals with location and performance of services, changing
the term registered to license, and adding the term barber-stylist.
54-518 strikes language dealing with temporary permit fees.
FISCAL IMPACT
There will be no impact on General or Dedicated funds.
CONTACT
Name: Rayola Jacobsen
Agency: Occupational License, Bureau
Phone: 334-3233
Statement of Purpose/Fiscal Impact H22