2005 Legislation
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HOUSE BILL NO. 234 – Barber colleges, license reqmt


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Bill Status

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
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

Bill Text

  ]]]]              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
  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  with  the provisions of this chapter, and has a valid
 34    unrevoked license issued by the board, to the effect that said college  is  as
 35    approved by the state of Idaho board.
 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 approved Idaho licensed college shall devote his or
  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 located within or without  the
  6    state, shall, upon the payment of the required fee, be issued a license to the
  7    effect that the college is approved by 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,  if
 10    within  the  state  of Idaho and 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 approved licensed 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:
 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
  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) to through (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 the
 14    recommendations received from the Idaho state barbers association all  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 / Fiscal Impact

                       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.

Name:  Rayola Jacobsen, Bureau of Occupational Licenses
       Idaho State Board of Architectural Examiners 
Phone: 208-334-3233

STATEMENT OF PURPOSE/FISCAL NOTE                      H 234