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H0234......................................................by STATE AFFAIRS BARBER COLLEGES - Amends existing law to revise licensure and approval requirements of barber colleges; and to provide that the governor shall give consideration to all nominations when appointing the Board of Barber Examiners. 02/17 House intro - 1st rdg - to printing 02/18 Rpt prt - to Bus 03/04 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker NAYS -- None Absent and excused -- Nielsen, Wills Floor Sponsor - Bilbao Title apvd - to Senate 03/09 Senate intro - 1st rdg - to Com/HuRes 03/18 Rpt out - rec d/p - to 2nd rdg 03/21 2nd rdg - to 3rd rdg 03/23 3rd rdg - PASSED - 34-0-0, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- (District 21 seat vacant) Floor Sponsor - Compton Title apvd - to House 03/24 To enrol 03/28 Rpt enrol - Sp signed 03/29 Pres signed 03/30 To Governor 04/05 Governor signed Session Law Chapter 275 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 234 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BARBERS; AMENDING SECTION 54-507, IDAHO CODE, TO REVISE LICENSURE 3 AND APPROVAL REQUIREMENTS OF BARBER COLLEGES; AND AMENDING SECTION 54-521, 4 IDAHO CODE, TO PROVIDE THAT THE GOVERNOR SHALL GIVE CONSIDERATION TO ALL 5 NOMINATIONS WHEN APPOINTING THE BOARD OF BARBER EXAMINERS AND TO MAKE A 6 TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-507, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-507. APPROVED BARBER COLLEGES -- REQUIREMENTS -- BOND. No school 11 teaching the art or science of barbering shall operate in Idaho or be licensed 12 as a school of barbering, unless the entrance requirements are equal to those 13 which are required under section 54-506, Idaho Code. An approved college may 14 teach special courses, but as a prerequisite to graduation the college must 15 provide: 16 (1) A course of instruction for barber-stylists of not less than one 17 thousand eight hundred (1,800) hours and include in its course of instruction 18 the scientific fundamentals for barbering: hygiene; bacteriology; histology of 19 the hair, skin, nails, muscles and nerves; structure of the head, face and 20 neck; elementary chemistry relating to sterilization and antiseptics; diseases 21 of the skin, hair, glands and nails; massaging and manipulating the muscles of 22 the upper body; hair cutting; shaving; and arranging, dressing, curling, 23 waving, straightening, coloring, bleaching and tinting of the hair; and 24 (2) A course of instruction for barbers of not less than nine hundred 25 (900) hours and include in its course of instruction the scientific fundamen- 26 tals for barbering: hygiene; bacteriology; histology of the hair, skin, nails, 27 muscles and nerves; structure of the head, face and neck; elementary chemistry 28 relating to sterilization and antiseptics; diseases of the skin, hair, glands 29 and nails; massaging and manipulating the muscles of the upper body; hair cut- 30 ting; shaving; and arranging and dressing of the hair. 31 For the purpose of this chapter, a recognized approved barber school or 32 college (hereinafter referred to as a college) shall be understood to be a 33 college that has met withthe provisions of this chapter , and has a valid34 unrevoked license issued by the board, to the effect that said college isas 35 approved by the state of Idahoboard. 36 No college in the state shall advertise or use any signs or terms to indi- 37 cate that the college is approved, recognized, accredited, certified, or 38 licensed unless said college is licensed by the board. Every college shall 39 advertise as a college and make known to the public and customers that the 40 work is being done by students. 41 All instructors in an approved college must be licensed in the state of 42 Idaho as a barber instructor or a cosmetology instructor. 43 Every instructor in an approvedIdaho licensed college shall devote his or 2 1 her entire time during class hours to that of instructing the students and 2 shall not apply his time to that of private or public practice during the 3 school or class hours. 4 A college furnishing satisfactory evidence that it is maintaining the 5 requirements set forth in this chapter, whether locatedwithin or withoutthe 6 state, shall, upon the payment of the required fee, be issued a license to the7 effect that the college is approvedby the board. 8 A license issued to a college must be renewed annually. Should a college 9 fail or refuse to renew a license said college shall cease to operate, if10 within the state of Idahoand be removed from the list of the approved col- 11 leges. 12 The board may cancel or refuse to renew a license issued to a college upon 13 proof that said college has failed or refused to meet with the requirements 14 for approved colleges set forth in this chapter. 15 One (1) instructor must be employed to each fifteen (15) students or frac- 16 tional part thereof and one (1) barber instructor must be employed on a full- 17 time basis in each school or college. 18 Every school or college approvedlicensed by the board shall deliver to 19 the board, a bond to the state of Idaho in the sum of twenty thousand dollars 20 ($20,000) in a form approved by the board, and provide a copy of the bond 21 annually together with the application for school license renewal. The bond 22 shall be executed by a corporate surety company duly authorized to do business 23 in this state, conditioned that such school or college shall continue to give 24 its courses of instruction, in accordance with the provision of this chapter, 25 until it has completed all such courses for which students have enrolled, and 26 conditioned that such school or college shall fully comply with all promises 27 or representations made to enrolled students as an inducement to such students 28 to enroll. Any student so enrolled who may be damaged by reason of the failure 29 of such school or college to comply with such conditions, shall have a right 30 of action in his or her own name, on such bonds, for such damage. 31 SECTION 2. That Section 54-521, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 54-521. BOARD OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION OF 34 PERSONS TO REPORT TO BOARD. There is hereby created, and established in the 35 department of self-governing agencies, the board of barber examiners. The 36 board may, by written agreement, authorize the bureau of occupational licenses 37 as agent to act in its interest (in this chapter referred to as the board) and 38 in addition to the powers herein elsewhere conferred, shall have the following 39 powers and it shall be the duty of the board: 40 (1) To conduct examinations to ascertain the qualifications and fitness 41 of applicants for licenses hereunder and to pass upon the qualifications of 42 all applicants for licenses. 43 (2) To conduct hearings and proceedings in accordance with the provisions 44 of chapter 52, title 67, Idaho Code, to revoke licenses issued under this 45 chapter and to revoke such licenses subject to the provisions of this chapter. 46 (3) To designate what schools of barbering within and without the state 47 are approved schools, and from time to time, to change such designations and 48 to keep public records thereof. 49 (4) To prescribe rules in accordance with the provisions of chapter 52, 50 title 67, Idaho Code, for a fair and wholly impartial method of examination of 51 applicants for licenses hereunder and, subject to the provisions of chapter 52 52, title 67, Idaho Code, for conducting hearings for the revocation of 53 licenses, defining the qualifications of an approved school of barbering and 3 1 for the administration of this chapter in general. 2 Excepting the regulation of schools under section 54-507, Idaho Code, 3 hereof, and the issuance of licenses under section 54-513, Idaho Code, none 4 of the powers and duties specified in subsections (1) tothrough (4) of this 5 section, shall be exercised by the said bureau except on the action of the 6 board of barber examiners. When vacancies occur on said board, the governor 7 shall appoint new members, but not more than a total of three (3) members, 8 each of whom shall be a registered barber, and shall have been a resident of, 9 and lawfully practicing barbering within the state of Idaho for a period of at 10 least five (5) years next before his appointment, and who is neither directly 11 nor indirectly in any way connected with or interested in the barber supply 12 business nor in any institution offering instruction in barbering. In appoint- 13 ing the members of such board the governor shall give consideration to the14 recommendations received from the Idaho state barbers associationall nomina- 15 tions. The board and all assistants shall be compensated as provided by sec- 16 tion 59-509(h), Idaho Code. 17 The regular term of office of a member of the board shall begin as of the 18 first Monday of July of the year in which he is appointed and shall continue 19 for three (3) years thereafter. A member appointed to fill a vacancy occa- 20 sioned otherwise than by expiration of a term shall serve the unexpired term 21 of his predecessor. 22 A vacancy in membership in the board shall occur, and be declared by the 23 governor, whenever the regular term of a member expires, or whenever a member 24 dies, resigns, or is found by the governor to be mentally or physically inca- 25 pable of acting, or to be neglecting or refusing to act, or to cease to have 26 the qualifications of a member, or to have acquired disqualifications of a 27 member, or to have been absent without reasonable cause from two (2) succes- 28 sive meetings of the board. 29 The board of barber examiners shall select from its members a chairman, 30 vice chairman, and secretary who shall serve at the pleasure of the board. 31 The action and report in writing of the board so designated shall be suf- 32 ficient authority upon which the bureau may act. 33 Whenever the board is satisfied that substantial justice has not been 34 done, either in examination or in revocation of a license or otherwise, it may 35 order a reexamination or rehearing of the matter.
STATEMENT OF PURPOSE RS 15010 This legislation amends section 54-507, Idaho Code, to clarify the requirements for barber colleges to allow consideration of training obtained outside of Idaho. Amend section 54-521, Idaho Code, to allow consideration of all nominations for appointment to the Board, as the barber association is no longer active. FISCAL NOTE There is no fiscal impact on general or dedicated funds. Contact Name: Rayola Jacobsen, Bureau of Occupational Licenses Idaho State Board of Architectural Examiners Phone: 208-334-3233 STATEMENT OF PURPOSE/FISCAL NOTE H 234