HF 3517

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 11:45am

A bill for an act
relating to occupations and professions; modifying cosmetology licensing
provisions; imposing fees; appropriating money; requiring rulemaking; amending
Minnesota Statutes 2009 Supplement, section 155A.25.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 155A.25, is amended to read:

155A.25 new text begin COSMETOLOGY new text end FEES new text begin ; LICENSE EXPIRATION DATE new text end .

Subdivision 1.

Schedule.

The fee schedule for licensees is as follows:

(a) Three-year license fees:

(1) cosmetologist, manicurist, new text begin or new text end esthetician deleted text begin , deleted text end new text begin : new text end

new text begin (i) new text end $90 for each initial license deleted text begin , deleted text end new text begin and a $40 nonrefundable initial license application
fee, for a total of $130; new text end and

new text begin (ii) new text end $60 for each renewal new text begin and a $15 nonrefundable renewal application fee, for
a total of $75 new text end ;

(2) instructor deleted text begin , deleted text end new text begin or new text end manager deleted text begin , deleted text end new text begin : new text end

new text begin (i) new text end $120 for each initial license deleted text begin , deleted text end new text begin and a $40 nonrefundable initial license application
fee, for a total of $160; new text end and

new text begin (ii) new text end $90 for each renewal new text begin and a $15 nonrefundable renewal application fee, for a
total of $105 new text end ;

(3) salon deleted text begin , deleted text end new text begin : new text end

new text begin (i) new text end $130 for each initial license deleted text begin , deleted text end new text begin and a $100 nonrefundable initial license application
fee, for a total of $230; new text end and

new text begin (ii) new text end $100 for each renewal new text begin and a $50 nonrefundable renewal application fee, for a
total of $150 new text end ; and

(4) school new text begin new text end deleted text begin , deleted text end new text begin : new text end

new text begin (i) new text end $1,500 new text begin for each initial license and a $1,000 nonrefundable initial license
application fee, for a total of $2,500; and
new text end

new text begin (ii) $1,500 for each renewal and a $500 nonrefundable renewal application fee,
for a total of $2,000 new text end new text begin new text end .

(b) Penalties:

(1) reinspection fee, variable;

(2) manager and owner with lapsed practitioner, $150 each;

(3) expired cosmetologist, manicurist, esthetician, manager, school manager, and
instructor license, $45; and

(4) expired salon or school license, $50.

(c) Administrative fees:

(1) certificate of identification, $20;

deleted text begin (2) school original application, $150;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end name change, $20;

deleted text begin (4) deleted text end new text begin (3) new text end letter of license verification, $30;

deleted text begin (5) deleted text end new text begin (4) new text end duplicate license, $20;

deleted text begin (6) deleted text end new text begin (5) new text end processing fee, $10; and

deleted text begin (7) deleted text end new text begin (6) new text end special event permit, $75 per year.

new text begin Subd. 1a. new text end

new text begin Fees disposition; appropriation. new text end

deleted text begin (d) deleted text end new text begin (a) new text end All fees established in deleted text begin this deleted text end
subdivision new text begin (1) new text end must be paid to the executive secretary of the board.

new text begin (b) new text end The executive secretary of the board shall deposit deleted text begin the deleted text end new text begin all new text end fees new text begin except for
application fees new text end in the general fund in the state treasury.

new text begin (c) The executive secretary of the board shall deposit all application fees in the state
treasury to an account credited to the Board of Cosmetology Examiners, and all money
in that account is appropriated to the board, in addition to any other appropriation, for
administration of the board's licensing duties.
new text end

Subd. 2.

Refunds.

Refunds shall be given in the following situations: overpayment;
death or permanent disability before the effective date of a license; or an individual's
ineligibility for licensure. Applicants determined ineligible to receive a license will be
refunded the license fee minus any processing fee new text begin and minus any application fee new text end this
section requires.

Subd. 3.

Other licenses.

A licensee who applies for licensing in a second category
shall pay the full license fee new text begin and application fee new text end for the second category of license.

new text begin Subd. 4. new text end

new text begin License expiration date. new text end

new text begin (a) The board shall, in a manner determined by
the board and without the need for rulemaking under chapter 14, phase in changes to initial
and renewal license expiration dates so that by January 1, 2014:
new text end

new text begin (1) individual licenses expire on the last day of the licensee's birth month of the
year due; and
new text end

new text begin (2) salon licenses expire on the last day of the month of initial licensure of the
year due.
new text end

new text begin (b) For the purposes of this subdivision, "individual licenses" refers to licenses
described in subdivision 1, paragraph (a), clauses (1) and (2).
new text end

Sec. 2. new text begin RULEMAKING.
new text end

new text begin Subdivision 1. new text end

new text begin Conforming changes. new text end

new text begin The Board of Cosmetologist Examiners
must amend Minnesota Rules, parts 2105.0200 and 2105.0330 to conform to the license
expiration date requirements of Minnesota Statutes, section 155A.25, subdivision 4, by
specifying that individual or salon licenses expire on the last day of an individual's birth
month of the year due, or on the last day of the month of initial licensure of the year due.
new text end

new text begin Subd. 2. new text end

new text begin Good cause exemption. new text end

new text begin The Board of Cosmetologist Examiners must use
the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
(3), to adopt the rules required by this section. Minnesota Statutes, section 14.386, does
not apply except as provided in Minnesota Statutes, section 14.388.
new text end