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H0107...........................................................by BUSINESS BARBERS - Amends and repeals existing law relating to barbers, barber-stylists and barber instructors to remove obsolete dates; to reference barber-styling; to define the practice of barber instructing; to set forth licensure qualifications for barber instructors; to provide for the issuance of certificates of registration and licenses to barber instructors; to revise provisions applicable to persons having practiced barbering or barber-styling in another state or country; to revise provisions applicable to the display of licenses; to revise prohibited acts; to revise provisions relating to the powers and duties of the Board of Barber Examiners; to require the board to maintain a public record of certain documents; to require a copy of sanitary requirements to be furnished to and displayed by the owner or manager of each barbershop or barber school; and to repeal sections relating to teacher licenses and qualifications and student requirements. 02/06 House intro - 1st rdg - to printing 02/07 Rpt prt - to Bus 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 63-7-0 AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Wills, Wood(27), Mr. Speaker NAYS -- Barrett, Harwood, Loertscher, Nielsen, Shepherd(8), Vander Woude, Wood(35) Absent and excused -- None Floor Sponsor - Rusche Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Com/HuRes 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Werk NAYS -- None Absent and excused -- Gannon, Stennett Floor Sponsor - Goedde Title apvd - to House 03/20 To enrol - Rpt enrol - Sp signed 03/21 Pres signed - To Governor 03/27 Governor signed Session Law Chapter 195 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 107 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO BARBERS, BARBER-STYLISTS AND BARBER INSTRUCTORS; AMENDING SECTION 3 54-501, IDAHO CODE, TO REMOVE OBSOLETE DATES, TO REFERENCE BARBER-STYLING 4 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-502, IDAHO CODE, TO 5 DEFINE THE PRACTICE OF BARBER INSTRUCTING AND TO MAKE TECHNICAL CORREC- 6 TIONS; AMENDING SECTION 54-506, IDAHO CODE, TO SET FORTH LICENSURE QUALI- 7 FICATIONS FOR BARBER INSTRUCTORS; AMENDING SECTION 54-511, IDAHO CODE, TO 8 PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF REGISTRATION AND LICENSES TO 9 BARBER INSTRUCTORS; AMENDING SECTION 54-512, IDAHO CODE, TO REVISE PROVI- 10 SIONS APPLICABLE TO PERSONS HAVING PRACTICED BARBERING OR BARBER-STYLING 11 IN ANOTHER STATE OR COUNTRY; AMENDING SECTION 54-513, IDAHO CODE, TO FUR- 12 THER LIMIT THE PERFORMANCE OF CERTAIN SERVICES; AMENDING SECTION 54-514, 13 IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE DISPLAY OF LICENSES; 14 AMENDING SECTION 54-518, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SEC- 15 TION 54-519, IDAHO CODE, TO REVISE PROHIBITED ACTS; AMENDING SECTION 16 54-521, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE POWERS AND DUTIES 17 OF THE BOARD OF BARBER EXAMINERS; AMENDING SECTION 54-522, IDAHO CODE, TO 18 REQUIRE THE BOARD TO MAINTAIN A PUBLIC RECORD OF CERTAIN DOCUMENTS; AMEND- 19 ING SECTION 54-524, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TERMI- 20 NOLOGY AND TO REQUIRE A COPY OF SANITARY REQUIREMENTS TO BE FURNISHED TO 21 AND DISPLAYED BY THE OWNER OR MANAGER OF EACH BARBERSHOP OR BARBER SCHOOL 22 AND TO MAKE TECHNICAL CORRECTIONS; AND REPEALING SECTIONS 54-527, 54-528 23 AND 54-529, IDAHO CODE, RELATING TO TEACHER LICENSES AND QUALIFICATIONS 24 AND STUDENT REQUIREMENTS. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 54-501, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-501. REQUIREMENTS OF LICENSURE AND BARBERSHOP LICENSURE.After July 1,291927, inIn order to safeguard the public health, safety and welfare, it shall 30 be unlawful to practice, or attempt to practice,barbering or barber-styling 31 without a licenseas a registered barberissued pursuant to provisions of this 32actchapter by the board of barber examiners. 33After July 1, 1957, inIn order to safeguard the public health, safety and 34 welfare, it shall be unlawful to own or operate any barbershop unless a bar- 35 bershop license is first obtained from the board. The applicant for such 36 license must furnish proof that the shop is located and equipped to meet the 37 sanitary requirements and rules of the board. The maintenance of a bona fide 38 establishment with a permanent and definite location shall be prerequisite for 39 the issuance of a barbershop license, the establishment of itinerant shops 40 being prohibited. The holder of a barbershop license must notify the board in 41 writing of any change of address and at the same time shall return said 42 license, upon the fact of which such change shall be properlyindorsed43 endorsed. A change of address by a licensee without such notice andindorse-2 1mentendorsement shall operate to cancel the license. 2 SECTION 2. That Section 54-502, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 54-502. PRACTICE DEFINED. Any one (1) or any combination of the following 5 practices,(when done upon the upper part of the human body for cosmetic pur- 6 poses and not for the treatment of disease or physical or mental ailments and 7 when done for payment either directly or indirectly or without payment for the 8 public generally), constitutes the practice of barbering or barber-styling: 9 (1) Barber-Sstyling: 10 (a) Shaving or trimming the beard or cutting, trimming, arranging, dress- 11 ing, curling, waving by any method, straightening, cleansing, singeing, 12 bleaching, coloring, or similar work upon the hair; 13 (b) Fitting, cutting or dressing hairpieces or toupees; 14 (c) Giving facial and scalp massage or treatments with oils, creams, 15 lotions or other preparations, either by hand or mechanical appliances; 16 (d) Applying cosmetic preparations, antiseptics, powders, oils, clays or 17 lotions to scalp, face, neck or upper part of the body. 18 (2) Barbering: 19 (a) Shaving or trimming the beard or cutting, trimming, arranging, dress- 20 ing, curling, cleansing, singeing, or similar work upon the hair; 21 (b) Fitting, cutting or dressing hairpieces or toupees; 22 (c) Giving facial and scalp massage or treatments with oils, creams, 23lotionsorlotions or other preparations, either by hand or mechanical 24 appliances; 25 (d) Applying cosmetic preparations, antiseptics, powders, oils, clays or 26 lotions to scalp, face, neck or upper part of the body. 27 (3) Barber Instructing: Providing practical and theoretical instruction 28 in any one (1) or any combination of the practices set forth in subsections 29 (1) and (2) of this section. A barber instructor license issued by the board 30 shall permit the holder to both practice and instruct only within the scope of 31 the instructor's board approved training and experience. The holder of a bar- 32 ber license issued by the board who is subsequently issued a barber instructor 33 license shall be permitted to practice and instruct only within the definition 34 of barbering. 35 SECTION 3. That Section 54-506, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 54-506. QUALIFICATIONS FOR LICENSURE. (1) A person is qualified to 38 receive a license to practice as a barber-stylist who: 39 (a) Has two (2) years of high school or an equivalent education as deter- 40 mined by an examination conducted by the board; and 41 (b) Is at least sixteen and one-half (16 1/2) years of age; and 42 (c) Is of good moral character; and 43 (d) Has completed and graduated from a course of instruction of at least 44 one thousand eight hundred (1,800) hours in a school of barbering approved 45 by the board; and 46 (e) Successfully passes an examination under the supervision of the board 47 of barber examiners. 48 (2) A person is qualified to receive a license to practice as a barber 49 who: 50 (a) Has two (2) years of high school or an equivalent education as deter- 51 mined by an examination conducted by the board; and 3 1 (b) Is at least sixteen and one-half (16 1/2) years of age; and 2 (c) Is of good moral character; and 3 (d) Has completed and graduated from a course of instruction of at least 4 nine hundred (900) hours in a school of barbering approved by the board; 5 and 6 (e) Successfully passes an examination under the supervision of the board 7 of barber examiners. 8 (3) A person is qualified to receive a license to practice as a barber 9 instructor who: 10 (a) Holds a current barber or barber-stylist license issued by the board; 11 and 12 (b) Has satisfactorily completed a minimum six (6) month course of barber 13 instructing as a student in a properly licensed barber college and has a 14 minimum of one (1) year's experience in practical barbering within the 15 last three (3) years; and 16 (c) Is of good moral character; and 17 (d) Successfully passes an examination under the supervision of the board 18 of barber examiners. 19 (4) A person is qualified to be a student who: 20 (a) Has attained the age of sixteen and one-half (16 1/2) years; and 21 (b) Has a tenth grade or an equivalent education as determined by the 22 board; and 23 (c) Registers as a student in a licensed barber college. 24 SECTION 4. That Section 54-511, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-511. ISSUANCE OF CERTIFICATE OF REGISTRATION AND LICENSE. Whenever the 27 provisions of this chapter have been complied with, the board shall issue a 28 certificate of registration and license aseithera barber,orbarber-stylist 29 or barber instructor. 30 SECTION 5. That Section 54-512, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 54-512. PERSONS HAVING PRACTICED BARBERING OR BARBER-STYLING IN ANOTHER 33 STATE OR COUNTRY. (1) A person who is at least eighteen (18) years of age and 34 of good moral characterand whomay be granted a license by the board to prac- 35 tice as a registered barber or barber-stylist upon application and payment of 36 the required fee if such person has completed two (2) years of high school or 37 its equivalent as determined by the board, and either: 38 (1a) Has a license or certificate of registration as a practicing barber 39 or barber-stylist from another state or country, which has substantially 40 the same requirementsfor licensing or registering barbers or barber-41stylistsas required by this chapter,; or 42 (2b) Who has been licensed as a barber or barber-stylist in another state 43 or country for at least three (3) years immediately prior to making appli- 44 cation in this state:45May be granted a license by the board to practice as a registered barber46or barber-stylist upon application and payment of the required fee. 47 (2) No such license may be issued except upon authorization by the board. 48 It is unlawful for any person to practice as a barber or barber-stylist with- 49 out a license. 50 SECTION 6. That Section 54-513, Idaho Code, be, and the same is hereby 4 1 amended to read as follows: 2 54-513. PERFORMANCE OF SERVICES TO BE LIMITED TO LICENSED SHOPS AND 3 SCHOOLS OR COLLEGES. It shall be unlawful to practice barbering or barber- 4 styling in other than a properly licensed barbershop or barber school or col- 5 lege except thata licensed barber or barber-stylistthe holder of a license 6 issued pursuant to this chapter mayworkpractice in a properly licensed cos- 7 metology shop and except that a licensed barber instructor mayworkpractice 8 in a properly licensed cosmetology school. 9 SECTION 7. That Section 54-514, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-514. DISPLAY OF LICENSE. Every holder of a license shall display it in 12 a publicly conspicuous place adjacent to or nearhis work chairthe area where 13 practice is conducted. A barbershop license must at all times during the term 14 thereof be publicly displayed in the barbershop for which it is issued. 15 SECTION 8. That Section 54-518, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 54-518. FEES. The various fees to be paid by applicants for original reg- 18 istrations, original licenses, annual renewals, and examinations as required 19 under this chapter shall be fixed by rules of the board in amounts not to 20 exceed the following: 21 (1) Original licenses and annual renewals thereof: 22 approved barber college within the state, original license/annual 23 renewals......................................................$200.00 24 approved barber college located outside the state, original 25 license/annual renewals........................................100.00 26 barbershop original license/annual renewals.....................50.00 27 barber, original license/annual renewals........................50.00 28 barber-stylist, original license/annual renewals................50.00 29teacherbarber instructor, original license/annual renewals.....60.00 30 student registration (no renewal fees required).................60.00 31 endorsement.....................................................80.00 32 (2) Examination/Reexamination: 33 barber and barber-stylist.....................................$ 75.00 34teacher license examinationbarber instructor..................100.00 35 All fees shall be paid to the bureau of occupational licenses. The fee for 36 reinstatement shall be as provided in section 67-2614, Idaho Code. 37 SECTION 9. That Section 54-519, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 54-519. CERTAIN ACTS PROHIBITED. Each of the following shall be unlawful 40 and punishable as a misdemeanor: 41 (1) The violation of any of the provisions of this chapter; 42 (2) Permitting any person in one's employ, supervision or control to 43 practice as a barber,orbarber-stylist or barber instructor unless that per- 44 son hasa valid, unrevoked license as a barber, barber-stylist, or a temporary45permit from the departmentcomplied with the provisions of this chapter, or to 46 practice cosmetology unless that person hasa valid, unrevoked certificate of47registration as a registered cosmetologistcomplied with the provisions of 48 chapter 8, title 54, Idaho Code; 5 1 (3) Obtaining or attempting to obtain a license for money other than the 2 required fee, or any other thing of value, or by fraudulent misrepresentation; 3 (4) Practicing or attempting to practice by fraudulent misrepresenta- 4 tions; 5 (5) The willful failure to display a license as required by section 6 54-514, Idaho Code;or7 (6) The use of any room or place for cutting or trimming the hair which 8 is also used for residential or business purposes,(except the sale of such 9 commodities as are used in barbershops), unless a substantial partition of 10 ceiling height separates the portion used for residential or business 11 purposes.; or 12 (7) Maintaining or operating a barbershop or barber college unless 13 licensed as herein provided. 14 SECTION 10. That Section 54-521, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-521. BOARD OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION OF 17 PERSONS TO REPORT TO BOARD. There is hereby created, and established in the 18 department of self-governing agencies, the board of barber examiners. The 19 board may, by written agreement, authorize the bureau of occupational licenses 20 as agent to act initsthe board's interest.(in this chapter referred to as21the board) and inIn addition to the powersherein elsewhereotherwise con- 22 ferred by this chapter,shall have the following powers andit shall be the 23 duty of the board: 24 (1) To conduct examinations to ascertain the qualifications and fitness 25 of applicants for licenses hereunder and to pass upon the qualifications of 26 all applicants for licenses. 27 (2) To conduct hearings and proceedings in accordance with the provisions 28 of chapter 52, title 67, Idaho Code, to revoke licenses issued under this 29 chapter and to revoke such licenses subject to the provisions of this chapter. 30 (3) To designate what schools of barbering within and without the state 31 are approved schools, and from time to time, to change such designations and 32 to keep public records thereof. 33 (4) To prescribe rules in accordance with the provisions of chapter 52, 34 title 67, Idaho Code, for a fair and wholly impartial method of examination of 35 applicants for licenses hereunder and, subject to the provisions of chapter 36 52, title 67, Idaho Code, for conducting hearings for the revocation of 37 licenses, defining the qualifications of an approved school of barbering and 38 for the administration of this chapter in general. 39 Excepting the regulation of schools under section 54-507, Idaho Code, 40 hereof, and the issuance of licenses under section 54-513, Idaho Code, none of 41 the powers and duties specified in subsections (1) through (4) of this sec- 42 tion, shall be exercised by the said bureau except on the action of the board 43 of barber examiners. When vacancies occur on said board, the governor shall 44 appoint new members, but not more than a total of three (3) members, each of 45 whom shall be a registered barber, and shall have been a resident of, and law- 46 fully practicing barbering within the state of Idaho for a period of at least 47 five (5) years next before his appointment, and who is neither directly nor 48 indirectly in any way connected with or interested in the barber supply busi- 49 ness nor in any institution offering instruction in barbering. In appointing 50 the members of such board the governor shall give consideration to all nomina- 51 tions. The board and all assistants shall be compensated as provided by sec- 52 tion 59-509(h), Idaho Code. 53 The regular term of office of a member of the board shall begin as of the 6 1 first Monday of July of the year in which he is appointed and shall continue 2 for three (3) years thereafter. A member appointed to fill a vacancy occa- 3 sioned otherwise than by expiration of a term shall serve the unexpired term 4 of his predecessor. 5 A vacancy in membership in the board shall occur, and be declared by the 6 governor, whenever the regular term of a member expires, or whenever a member 7 dies, resigns, or is found by the governor to be mentally or physically inca- 8 pable of acting, or to be neglecting or refusing to act, or to cease to have 9 the qualifications of a member, or to have acquired disqualifications of a 10 member, or to have been absent without reasonable cause from two (2) succes- 11 sive meetings of the board. 12 The board of barber examiners shall select from its members a chairman,13 and vice chairman, and secretarywho shall serve at the pleasure of the board. 14 The action and report in writing of the board so designated shall be suf- 15 ficient authority upon which the bureau may act. 16 Whenever the board is satisfied that substantial justice has not been 17 done, either in examination or in revocation of a license or otherwise, it may 18 order a reexamination or rehearing of the matter. 19 SECTION 11. That Section 54-522, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-522. PUBLIC RECORD FOR LICENSES. The board shallkeep in a book appro-22priate for that purposemaintain a public record of all applications for 23 licenses, the action of the board thereon, of all licenses issued and of all 24 licenses revoked or forfeited with the reasons for such revocation or forfei- 25 ture and of all renewals. 26 SECTION 12. That Section 54-524, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 54-524. INSPECTION.RULES.Inspection of barbers andbarber shops29 barbershops for the purpose of enforcing the provisions of this chapter shall 30 be made by the bureau of occupationallicensinglicenses. The board of barber 31 examiners shall have authority to make reasonable rules for the administration 32 of the provisions of this chapter and prescribe sanitary requirements forbar-33ber shopsbarbershops and barber schools, and the officers of said agency, or 34 its agents, shall have authority to enter upon and to inspect anybarber shop35 barbershop or barber school at any time during business hours. A copy of the 36rulessanitary requirements adopted by the board shall be furnishedby the37said boardto the ownerandor manager of eachbarber shopbarbershop and bar- 38 ber school, and such copy shall be posted in a conspicuous place insuch bar-39ber shopeach barbershop or barber school. 40 SECTION 13. That Sections 54-527, 54-528 and 54-529, Idaho Code, be, and 41 the same are hereby repealed.
STATEMENT OF PURPOSE RS 16504 Amending section 54-501, Idaho Code, to include barber-styling in requirements for licensure; amending section 54-502, Idaho Code, to include a definition for barber instructor; amending section 54-506, Idaho Code, to include the qualifications for barber instructor and student; amending section 54-511, Idaho Code, to allow for issuance of a license for barber instructor; amending section 54-512, Idaho Code, to clarify endorsement requirements; amending section 54-513, Idaho Code to include barber-styling and instructor; amending section 54-514, Idaho Code to clarify display of license; amending section 54-518, Idaho Code to in include barber-styling in fees and change teacher to barber instructor; amending section 54-519, Idaho Code, to include barber instructor; amending section 54-521, Idaho Code, to make technical corrections; amending section 54- 522, Idaho Code to make technical corrections; amending section 54-524, Idaho Code to make technical corrections; deleting sections 54-527, 54-528, and 54-529, Idaho Code. FISCAL IMPACT There is no fiscal impact on general or dedicated funds CONTACT Name: Tana Cory Agency: Bureau of Occupational Licenses Phone: 334-3233 STATEMENT OF PURPOSE/FISCAL IMPACT H 107