HF 3413

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

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 new text begin or enter into an interagency agreement to procure new text end 1.14 new text begin the services of an executive secretary. The executive secretary new text end shall not be a member of 1.15the board and who shall be in the unclassified civil service. new text begin The position of executive new text end 1.16 new text begin secretary may be a part-time position. new text end 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 new text begin board new text end 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 new text begin $85 new text end ; 2.10    (2) examination and certificate, apprentice, $60 new text begin $80 new text end ; 2.11    (3) examination, instructor, $160 new text begin $180 new text end ; 2.12    (4) certificate, instructor, $45 new text begin $65 new text end ; 2.13    (5) temporary teacher or apprentice permit, $60 new text begin $80 new text end ; 2.14    (6) renewal of license, registered barber, $60 new text begin $80 new text end ; 2.15    (7) renewal of license, apprentice, $50 new text begin $70 new text end ; 2.16    (8) renewal of license, instructor, $60 new text begin $80 new text end ; 2.17    (9) renewal of temporary teacher permit, $45 new text begin $65 new text end ; 2.18    (10) student permit, $25 new text begin $45 new text end ; 2.19    (11) initial shop registration, $65 new text begin $85 new text end ; 2.20    (12) initial school registration, $1,010 new text begin $1,030 new text end ; 2.21    (13) renewal shop registration, $65 new text begin $85 new text end ; 2.22    (14) renewal school registration, $260 new text begin $280 new text end ; 2.23    (15) restoration of registered barber license, $75; 2.24    (16) new text begin (15) new text end restoration of apprentice license, $70 new text begin $90 new text end ; 2.25    (17) new text begin (16) new text end restoration of shop registration, $85 new text begin $105 new text end ; 2.26    (18) new text begin (17) new text end change of ownership or location, $35 new text begin $55 new text end ; 2.27    (19) new text begin (18) new text end duplicate license, $20 new text begin $40 new text end ; 2.28    (20) new text begin (19) new text end home study course, $75 new text begin $95 new text end ; and 2.29    (21) new text begin (20) new text end registration of hair braiders, $20 new text begin $40 new text end per year. 2.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 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     new text begin Subdivision 1. new text end new text begin Qualifications; duration of registration. new text end new text begin (a) new text end 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 new text begin (b) new text end 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 new text begin (c) new text end 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     new text begin Subd. 2. new text end new text begin Limited extension of registration. new text end new text begin (a) new text end 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 new text begin (b) This paragraph applies when a person graduates from a barber school approved new text end 3.23 new text begin by the board and is issued a certificate of registration while incarcerated by the Department new text end 3.24 new text begin of Corrections or the Federal Bureau of Prisons. The expiration date of the certificate shall new text end 3.25 new text begin be extended once so that it expires four years from the date of the person's first release new text end 3.26 new text begin from a correctional facility after becoming a registered apprentice. new text end 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 new text begin successfully new text end 3.33 new text begin completed at least 38 hours of training in a program or programs approved by the board and new text end 3.34 new text begin that will provide the knowledge and skills necessary to instruct in the field of barbering new text end ; 4.1(3) has at least three years experience as new text begin is currently new text end a registered barber in this state, 4.2or its equivalent as determined by the board new text begin with at least 1,400 hours of experience as new text end 4.3 new text begin a registered barber new text end ; 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     new text begin Subd. 7. new text end new text begin Transfer students. new text end new text begin When a student has paid or made arrangement to pay new text end 4.12 new text begin all applicable tuition fees to a barbering school, that school shall certify a student's hours new text end 4.13 new text begin to another school within ten days of the student's written request. The former school may new text end 4.14 new text begin charge a nominal fee for providing this certification and transfer of hours. new text end 4.15    Sec. 6. Minnesota Statutes 2008, section 154.15, is amended by adding a subdivision 4.16to read: 4.17     new text begin Subd. 3. new text end new text begin Continuing education required for registered instructors. new text end new text begin (a) A new text end 4.18 new text begin registered instructor of barbering may not renew a certificate of registration without new text end 4.19 new text begin satisfying the following continuing education requirements: new text end 4.20 new text begin (1) a registered instructor must submit proof of at least five continuing education new text end 4.21 new text begin credits earned since the original certification or latest renewal, whichever is latest, unless new text end 4.22 new text begin the registered instructor has failed to renew as described in subdivision 2; and new text end 4.23 new text begin (2) a registered instructor who fails to renew may not be reinstated under subdivision new text end 4.24 new text begin 2 without proof of at least five continuing education credits earned since the original new text end 4.25 new text begin certification or latest renewal, whichever is latest, plus an additional 2.5 credits for each new text end 4.26 new text begin six months, or portion thereof, in excess of the date of the original failure to renew, new text end 4.27 new text begin calculated from the date that the board receives the application for renewal. new text end 4.28 new text begin (b) For purposes of this subdivision, a registered instructor may earn continuing new text end 4.29 new text begin education credits as follows: new text end 4.30 new text begin (1) one credit for every five hours of service as a voting member on a board, new text end 4.31 new text begin commission, task force, or nonprofit organization; new text end 4.32 new text begin (2) one credit for each credit earned for completing a class or course at a new text end 4.33 new text begin postsecondary institution, a degree-granting college or university, or a trade and technical new text end 4.34 new text begin school that grants associate degrees; and new text end 5.1 new text begin (3) one credit for every five hours of attendance at a trade show or formal class new text end 5.2 new text begin offered by an organization related to barbering or cosmetology. new text end 5.3    Sec. 7. new text begin APPROPRIATION. new text end 5.4 new text begin $....... is appropriated from the general fund in fiscal year 2011 to the Board of new text end 5.5 new text begin Barber Examiners. new text end 5.6    Sec. 8. new text begin REPEALER. new text end 5.7 new text begin Minnesota Statutes 2008, section 154.07, subdivision 5, new text end new text begin is repealed. new text end