HOUSE BILL NO. 455

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Bill Status



H0455...........................................................by BUSINESS
BARBERS - Amends existing law relating to the Board of Barber Examiners to
revise provisions relating to license examinations; to delete a requirement
that the board conduct license examinations; to delete provisions relating
to failing a license examination; to revise provisions relating to
examination and reexamination fees; and to revise duties of the board by
authorizing approval of license examinations.

02/01    House intro - 1st rdg - to printing
02/04    Rpt prt - to Bus
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 65-1-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
      Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
      Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
      Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
      Woude, Wills
      NAYS -- Wood(35)
      Absent and excused -- Durst, Mathews, Wood(27), Mr. Speaker
    Floor Sponsor - Snodgrass
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Com/HuRes
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Broadsword, Gannon, Siddoway
    Floor Sponsor - Davis
    Title apvd - to House
03/10    To enrol
03/11    Rpt enrol - Sp signed
03/12    Pres signed - To Governor
03/14    Governor signed
         Session Law Chapter 110
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 455

                                   BY BUSINESS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE BOARD OF BARBER  EXAMINERS;  AMENDING  SECTION  54-506,  IDAHO
  3        CODE, TO REVISE PROVISIONS RELATING TO LICENSE EXAMINATIONS; AMENDING SEC-
  4        TION  54-510,  IDAHO  CODE, TO DELETE THE PROVISION THAT THE BOARD CONDUCT
  5        LICENSE EXAMINATIONS AND  TO  DELETE  PROVISIONS  RELATING  TO  FAILING  A
  6        LICENSE EXAMINATION; AMENDING SECTION 54-518, IDAHO CODE, TO REVISE PROVI-
  7        SIONS RELATING TO EXAMINATION AND REEXAMINATION FEES; AND AMENDING SECTION
  8        54-521,  IDAHO  CODE, TO REVISE DUTIES OF THE BOARD BY PROVIDING AUTHORITY
  9        TO APPROVE LICENSE EXAMINATIONS, TO PROVIDE A CORRECT CODE  REFERENCE  AND
 10        TO MAKE TECHNICAL CORRECTIONS.

 11    Be It Enacted by the Legislature of the State of Idaho:

 12        SECTION  1.  That  Section  54-506, Idaho Code, be, and the same is hereby
 13    amended to read as follows:

 14        54-506.  QUALIFICATIONS FOR  LICENSURE.  (1)  A  person  is  qualified  to
 15    receive a license to practice as a barber-stylist who:
 16        (a)  Has two (2) years of high school or an equivalent education as deter-
 17        mined by an examination conducted by the board; and
 18        (b)  Is at least sixteen and one-half (16 1/2) years of age; and
 19        (c)  Is of good moral character; and
 20        (d)  Has  completed and graduated from a course of instruction of at least
 21        one thousand eight hundred (1,800) hours in a school of barbering approved
 22        by the board; and
 23        (e)  Successfully passes an examination under the supervision of the board
 24        of barber examiners approved by the board.
 25        (2)  A person is qualified to receive a license to practice  as  a  barber
 26    who:
 27        (a)  Has two (2) years of high school or an equivalent education as deter-
 28        mined by an examination conducted by the board; and
 29        (b)  Is at least sixteen and one-half (16 1/2) years of age; and
 30        (c)  Is of good moral character; and
 31        (d)  Has  completed and graduated from a course of instruction of at least
 32        nine hundred (900) hours in a school of barbering approved by  the  board;
 33        and
 34        (e)  Successfully passes an examination under the supervision of the board
 35        of barber examiners approved by the board.
 36        (3)  A  person  is  qualified to receive a license to practice as a barber
 37    instructor who:
 38        (a)  Holds a current barber or barber-stylist license issued by the board;
 39        and
 40        (b)  Has satisfactorily completed a minimum six (6) month course of barber
 41        instructing as a student in a properly licensed barber college and  has  a
 42        minimum  of  one  (1)  year's experience in practical barbering within the
 43        last three (3) years; and

                                       2

  1        (c)  Is of good moral character; and
  2        (d)  Successfully passes an examination under the supervision of the board
  3        of barber examiners approved by the board.
  4        (4)  A person is qualified to be a student who:
  5        (a)  Has attained the age of sixteen and one-half (16 1/2) years; and
  6        (b)  Has a tenth grade or an equivalent education  as  determined  by  the
  7        board; and
  8        (c)  Registers as a student in a licensed barber college.

  9        SECTION  2.  That  Section  54-510, Idaho Code, be, and the same is hereby
 10    amended to read as follows:

 11        54-510.  EXAMINATIONS. The board of barber examiners shall conduct  exami-
 12    nations of applicants for licensure to practice as barbers and barber-stylists
 13    at such times and places as said board may determine.
 14        The examination of applicants for licensure as barbers and barber-stylists
 15    shall  include both a practical demonstration and a written and oral test, and
 16    shall embrace the subjects usually taught in schools of barbering approved  by
 17    the board.
 18        An examination is failed when an applicant obtains a score of below seven-
 19    ty-five  percent (75%). Any applicant failing below seventy-five percent (75%)
 20    on any portion of the examination on the first attempt will not be required to
 21    complete any additional training. An applicant failing below seventy-five per-
 22    cent (75%) on a second attempt and all subsequent attempts will be required to
 23    complete additional training equal to twenty percent  (20%)  of  the  original
 24    course of instruction.

 25        SECTION  3.  That  Section  54-518, Idaho Code, be, and the same is hereby
 26    amended to read as follows:

 27        54-518.  FEES. The various fees to be paid by applicants for original reg-
 28    istrations, original licenses, annual renewals, and examinations  as  required
 29    under  this  chapter  shall  be  fixed by rules of the board in amounts not to
 30    exceed the following:
 31        (1)  Original licenses and annual renewals thereof:
 32             approved barber college within  the  state,  original  license/annual
 33             renewals......................................................$200.00
 34             approved   barber   college   located  outside  the  state,  original
 35             license/annual renewals........................................100.00
 36             barbershop original license/annual renewals.....................50.00
 37             barber, original license/annual renewals........................50.00
 38             barber-stylist, original license/annual renewals................50.00
 39             barber instructor, original license/annual renewals.............60.00
 40             student registration (no renewal fees required).................60.00
 41             endorsement.....................................................80.00
 42        (2)  Examination/Reexamination conducted by a board  approved  examination
 43    administrator  shall  be  that  amount  charged  by the administrator and paid
 44    directly to the administrator.
 45    Examination/Reexamination conducted by the board:
 46             barber and barber-stylist.....................................$ 75.00
 47             barber instructor..............................................100.00
 48        All fees shall be paid to the bureau of occupational licenses. The fee for
 49    reinstatement shall be as provided in section 67-2614, Idaho Code.

 50        SECTION 4.  That Section 54-521, Idaho Code, be, and the  same  is  hereby

                                       3

  1    amended to read as follows:

  2        54-521.  BOARD  OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION OF
  3    PERSONS TO REPORT TO BOARD. There is hereby created, and  established  in  the
  4    department  of  self-governing    agencies, the board of barber examiners. The
  5    board may, by written agreement, authorize the bureau of occupational licenses
  6    as agent to act in the board's interest. In addition to the  powers  otherwise
  7    conferred by this chapter, it shall be the duty of the board:
  8        (1)  To  conduct  or  approve examinations to ascertain the qualifications
  9    and fitness of applicants for licenses hereunder and to pass upon the qualifi-
 10    cations of all applicants for licenses.
 11        (2)  To conduct hearings and proceedings in accordance with the provisions
 12    of chapter 52, title 67, Idaho Code, to revoke  licenses   issued  under  this
 13    chapter and to revoke such licenses subject to the provisions of this chapter.
 14        (3)  To  designate  what schools of barbering within and without the state
 15    are approved schools, and from time to time, to change such  designations  and
 16    to keep public records thereof.
 17        (4)  To  prescribe  rules in accordance with the provisions of chapter 52,
 18    title 67, Idaho Code, for a fair and wholly impartial method of examination of
 19    applicants for licenses hereunder and, subject to the  provisions  of  chapter
 20    52,  title  67,  Idaho  Code,  for  conducting  hearings for the revocation of
 21    licenses, defining the qualifications of an approved school of  barbering  and
 22    for the administration of this chapter in general.
 23        Excepting  the  regulation  of  schools  under section 54-507, Idaho Code,
 24    hereof, and the issuance of licenses under section 54-5131, Idaho  Code,  none
 25    of the powers and duties specified in subsections (1) through (4) of this sec-
 26    tion,  shall be exercised by the said bureau except on the action of the board
 27    of barber examiners. When vacancies occur on  said  the  board,  the  governor
 28    shall  appoint  new  members,  but not more than a total of three (3) members,
 29    each of whom shall be a registered barber, and shall have been a resident  of,
 30    and lawfully practicing barbering within the state of Idaho for a period of at
 31    least  five (5) years next before his appointment, and who is neither directly
 32    nor indirectly in any way connected with or interested in  the  barber  supply
 33    business nor in any institution offering instruction in barbering. In appoint-
 34    ing the members of such the board the governor shall give consideration to all
 35    nominations.  The board and all assistants shall be compensated as provided by
 36    section 59-509(h), Idaho Code.
 37        The regular term of office of a member of the board shall begin as of  the
 38    first  Monday  of July of the year in which he is appointed and shall continue
 39    for three (3) years thereafter. A member appointed to  fill  a  vacancy  occa-
 40    sioned  otherwise  than by expiration of a term shall serve the unexpired term
 41    of his predecessor.
 42        A vacancy in membership in the board shall occur, and be declared  by  the
 43    governor,  whenever the regular term of a member expires, or whenever a member
 44    dies, resigns, or is found by the governor to be mentally or physically  inca-
 45    pable  of  acting, or to be neglecting or refusing to act, or to cease to have
 46    the qualifications of a member, or to have  acquired  disqualifications  of  a
 47    member,  or  to have been absent without reasonable cause from two (2) succes-
 48    sive meetings of the board.
 49        The board of barber examiners shall select from its members a chairman and
 50    vice chairman who shall serve at the pleasure of the board.
 51        The action and report in writing of the board so designated shall be  suf-
 52    ficient authority upon which the bureau may act.
 53        Whenever  the  board  is  satisfied  that substantial justice has not been
 54    done, either in examination or in revocation of a license or otherwise, it may

                                       4

  1    order a reexamination or rehearing of the matter.

Statement of Purpose / Fiscal Impact


  
                    STATEMENT OF PURPOSE
                              
                          RS 17419
                              
  This bill will change the language for examinations for the
  board of barber examiners.  It will allow the board to
  continue to conduct the examination or allow them to approve
  and utilize a third party examination administrator.
  
  
 
  
  
                       FISCAL IMPACT
  
  There is no fiscal impact on general funds.  The dedicated
  funds of the board would realize a savings of approximately
  $2240 per year on test administration costs and training
  costs to administer the national examination. 
  
  
  
  CONTACT
  Name:     Tana Cory
  Agency:   Bureau of Occupational Licenses
  Phone:    334-3233
  
  
  
  Statement of Purpose/Fiscal Impact                     H 455 
                                                          
                              
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