HF 3413

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to the Board of Barber Examiners; modifying license fees, qualifications,
1.3and continuing education requirements; appropriating money;amending
1.4Minnesota Statutes 2008, sections 154.06; 154.065, subdivision 2; 154.07, by
1.5adding a subdivision; 154.15, by adding a subdivision; Minnesota Statutes 2009
1.6Supplement, sections 154.002; 154.003; repealing Minnesota Statutes 2008,
1.7section 154.07, subdivision 5.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2009 Supplement, section 154.002, is amended to read:
1.10154.002 OFFICERS; COMPENSATION; FEES; EXPENSES.
1.11The Board of Barber Examiners shall annually elect a chair and secretary. It shall
1.12adopt and use a common seal for the authentication of its orders and records. The board
1.13shall appoint an executive secretary who or enter into an interagency agreement to procure
1.14the services of an executive secretary. The executive secretary shall not be a member of
1.15the board and who shall be in the unclassified civil service. The position of executive
1.16secretary may be a part-time position.
1.17The executive secretary shall keep a record of all proceedings of the board. The
1.18expenses of administering this chapter shall be paid from the appropriations made to
1.19the Board of Barber Examiners.
1.20Each member of the board shall take the oath provided by law for public officers.
1.21A majority of the board, in meeting assembled, may perform and exercise all the
1.22duties and powers devolving upon the board.
1.23The members of the board shall receive compensation for each day spent on board
1.24activities, but not to exceed 20 days in any calendar month nor 100 days in any calendar
1.25year.
2.1The board shall have authority to employ such inspectors, clerks, deputies, and other
2.2assistants as it may deem necessary to carry out the provisions of this chapter.

2.3    Sec. 2. Minnesota Statutes 2009 Supplement, section 154.003, is amended to read:
2.4154.003 FEES.
2.5    (a) The fees collected, as required in this chapter, chapter 214, and the rules of the
2.6board, shall be paid to the executive secretary of the board. The executive secretary board
2.7shall deposit the fees in the general fund in the state treasury.
2.8    (b) The board shall charge the following fees:
2.9    (1) examination and certificate, registered barber, $65 $85;
2.10    (2) examination and certificate, apprentice, $60 $80;
2.11    (3) examination, instructor, $160 $180;
2.12    (4) certificate, instructor, $45 $65;
2.13    (5) temporary teacher or apprentice permit, $60 $80;
2.14    (6) renewal of license, registered barber, $60 $80;
2.15    (7) renewal of license, apprentice, $50 $70;
2.16    (8) renewal of license, instructor, $60 $80;
2.17    (9) renewal of temporary teacher permit, $45 $65;
2.18    (10) student permit, $25 $45;
2.19    (11) initial shop registration, $65 $85;
2.20    (12) initial school registration, $1,010 $1,030;
2.21    (13) renewal shop registration, $65 $85;
2.22    (14) renewal school registration, $260 $280;
2.23    (15) restoration of registered barber license, $75;
2.24    (16) (15) restoration of apprentice license, $70 $90;
2.25    (17) (16) restoration of shop registration, $85 $105;
2.26    (18) (17) change of ownership or location, $35 $55;
2.27    (19) (18) duplicate license, $20 $40;
2.28    (20) (19) home study course, $75 $95; and
2.29    (21) (20) registration of hair braiders, $20 $40 per year.
2.30EFFECTIVE DATE.This section is effective the day following final enactment.

2.31    Sec. 3. Minnesota Statutes 2008, section 154.06, is amended to read:
2.32154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
2.33REGISTERED APPRENTICE.
3.1    Subdivision 1. Qualifications; duration of registration. (a) A person is qualified to
3.2receive a certificate of registration as a registered apprentice:
3.3(1) who has completed at least ten grades of an approved school;
3.4(2) who has graduated from a barber school approved by the board; and
3.5(3) who has passed an examination conducted by the board to determine fitness to
3.6practice as a registered apprentice.
3.7(b) An applicant for a certificate of registration to practice as an apprentice who fails
3.8to pass the examination conducted by the board is required to complete a further course
3.9of study of at least 500 hours, of not more than eight hours in any one working day,
3.10in a barber school approved by the board.
3.11(c) A certificate of registration of an apprentice shall be valid for four years from the
3.12date the certificate of registration is issued by the board and shall not be renewed. During
3.13the four-year period the certificate of registration shall remain in full force and effect only
3.14if the apprentice complies with all the provisions of sections 154.001, 154.002, 154.003,
3.15154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26, including the payment of
3.16an annual fee, and the rules of the board.
3.17    Subd. 2. Limited extension of registration. (a) If a registered apprentice, during
3.18the term in which the certificate of registration is in effect, enters full-time active duty in
3.19the armed forces of the United States of America, the expiration date of the certificate
3.20of registration shall be extended by a period of time equal to the period or periods of
3.21active duty.
3.22(b) This paragraph applies when a person graduates from a barber school approved
3.23by the board and is issued a certificate of registration while incarcerated by the Department
3.24of Corrections or the Federal Bureau of Prisons. The expiration date of the certificate shall
3.25be extended once so that it expires four years from the date of the person's first release
3.26from a correctional facility after becoming a registered apprentice.

3.27    Sec. 4. Minnesota Statutes 2008, section 154.065, subdivision 2, is amended to read:
3.28    Subd. 2. Qualifications. A person is qualified to receive a certificate of registration
3.29as an instructor of barbering who:
3.30(1) is a graduate from an approved high school, or its equivalent, as determined by
3.31examination by the Department of Education;
3.32(2) has qualified for a teacher's or instructor's vocational certificate successfully
3.33completed at least 38 hours of training in a program or programs approved by the board and
3.34that will provide the knowledge and skills necessary to instruct in the field of barbering;
4.1(3) has at least three years experience as is currently a registered barber in this state,
4.2or its equivalent as determined by the board with at least 1,400 hours of experience as
4.3a registered barber; and
4.4(4) has passed an examination conducted by the board to determine fitness to
4.5instruct in barbering.
4.6A certificate of registration under this section is provisional until a teacher's or
4.7instructor's vocational certificate has been issued by the Department of Education. A
4.8provisional certificate of registration is valid for 30 days and is not renewable.

4.9    Sec. 5. Minnesota Statutes 2008, section 154.07, is amended by adding a subdivision
4.10to read:
4.11    Subd. 7. Transfer students. When a student has paid or made arrangement to pay
4.12all applicable tuition fees to a barbering school, that school shall certify a student's hours
4.13to another school within ten days of the student's written request. The former school may
4.14charge a nominal fee for providing this certification and transfer of hours.

4.15    Sec. 6. Minnesota Statutes 2008, section 154.15, is amended by adding a subdivision
4.16to read:
4.17    Subd. 3. Continuing education required for registered instructors. (a) A
4.18registered instructor of barbering may not renew a certificate of registration without
4.19satisfying the following continuing education requirements:
4.20(1) a registered instructor must submit proof of at least five continuing education
4.21credits earned since the original certification or latest renewal, whichever is latest, unless
4.22the registered instructor has failed to renew as described in subdivision 2; and
4.23(2) a registered instructor who fails to renew may not be reinstated under subdivision
4.242 without proof of at least five continuing education credits earned since the original
4.25certification or latest renewal, whichever is latest, plus an additional 2.5 credits for each
4.26six months, or portion thereof, in excess of the date of the original failure to renew,
4.27calculated from the date that the board receives the application for renewal.
4.28(b) For purposes of this subdivision, a registered instructor may earn continuing
4.29education credits as follows:
4.30(1) one credit for every five hours of service as a voting member on a board,
4.31commission, task force, or nonprofit organization;
4.32(2) one credit for each credit earned for completing a class or course at a
4.33postsecondary institution, a degree-granting college or university, or a trade and technical
4.34school that grants associate degrees; and
5.1(3) one credit for every five hours of attendance at a trade show or formal class
5.2offered by an organization related to barbering or cosmetology.

5.3    Sec. 7. APPROPRIATION.
5.4$....... is appropriated from the general fund in fiscal year 2011 to the Board of
5.5Barber Examiners.

5.6    Sec. 8. REPEALER.
5.7Minnesota Statutes 2008, section 154.07, subdivision 5, is repealed.