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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 - 2003IN 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) Thefollowing persons are exempt from theprovi- 15 sions of this chapterwhile in the proper discharge of their professional16dutiesshall not apply in the following instances: 171.(a) Persons authorized by the laws of the state to practice as aregis-18terednurse or any of the healing arts while in the proper discharge of 19 their professional duties; 202.(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 personsspecified under paragraph 2 of this sectionto 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, andrenew the sameprovide 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 collegeexcept the perform-6ing of barber services by licensed parties for persons unable by reason of ill7health to go to a barbershop andexcept that aregisteredlicensed 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......................................................$200.00 19 approved barber college located outside the state, original 20 license/annual renewals........................................100.00 21 barbershop original license/annual renewals.....................50.00 22 barber, original license/annual renewals........................50.00 23 barber-stylist, original license/annual renewals................50.00 24 teacher, original license/annual renewals.......................60.00 25 student registration (no renewal fees required).................60.00 26temporary permit fee (no renewal fees required).................60.0027 endorsement.....................................................80.00 28 (2) Examination/Reexamination: 29 barber........................................................$ 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