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

Bill Text


                                                                        
  ||||              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 / Fiscal Impact


                     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