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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 - 2007
IN 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,
29 1927, in In 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 license as a registered barber issued pursuant to provisions of this
32 act chapter by the board of barber examiners.
33 After July 1, 1957, in In 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 properly indorsed
43 endorsed. A change of address by a licensee without such notice and indorse-
2
1 ment endorsement 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,
23 lotionsor lotions 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 as either a barber, or barber-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 character and who may 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 requirements for licensing or registering barbers or barber-
41 stylists as 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:
45 May be granted a license by the board to practice as a registered barber
46 or 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 that a licensed barber or barber-stylist the holder of a license
6 issued pursuant to this chapter may work practice in a properly licensed cos-
7 metology shop and except that a licensed barber instructor may work practice
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 near his work chair the 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......................................................$200.00
24 approved barber college located outside the state, original
25 license/annual renewals........................................100.00
26 barbershop original license/annual renewals.....................50.00
27 barber, original license/annual renewals........................50.00
28 barber-stylist, original license/annual renewals................50.00
29 teacher barber instructor, original license/annual renewals.....60.00
30 student registration (no renewal fees required).................60.00
31 endorsement.....................................................80.00
32 (2) Examination/Reexamination:
33 barber and barber-stylist.....................................$ 75.00
34 teacher license examination barber 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, or barber-stylist or barber instructor unless that per-
44 son has a valid, unrevoked license as a barber, barber-stylist, or a temporary
45 permit from the department complied with the provisions of this chapter, or to
46 practice cosmetology unless that person has a valid, unrevoked certificate of
47 registration as a registered cosmetologist complied 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; or
7 (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 in its the board's interest. (in this chapter referred to as
21 the board) and in In addition to the powers herein elsewhere otherwise con-
22 ferred by this chapter, shall have the following powers and it 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 secretary who 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 shall keep in a book appro-
22 priate for that purpose maintain 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 and barber shops
29 barbershops for the purpose of enforcing the provisions of this chapter shall
30 be made by the bureau of occupational licensing licenses. 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 for bar-
33 ber shops barbershops and barber schools, and the officers of said agency, or
34 its agents, shall have authority to enter upon and to inspect any barber shop
35 barbershop or barber school at any time during business hours. A copy of the
36 rules sanitary requirements adopted by the board shall be furnished by the
37 said board to the owner and or manager of each barber shop barbershop and bar-
38 ber school, and such copy shall be posted in a conspicuous place in such bar-
39 ber shop each 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