SF 4059

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/17/2026 09:28 a.m.

A bill for an act
relating to state government; appropriating money for state government agencies;
modifying prior appropriations; modifying provisions relating to the Board of
Barber Examiners and to the Board of Cosmetology; requiring creation of a
centralized certified payroll reporting portal and database for all state projects
covered by prevailing wage requirements; amending Minnesota Statutes 2024,
sections 154.001, subdivision 2; 154.003; 154.01; 154.02, subdivisions 1, 4, by
adding subdivisions; 154.05; 154.07, subdivision 1, by adding a subdivision;
154.08; 154.09; 154.11, subdivision 1, by adding a subdivision; 155A.20; 155A.23,
subdivisions 4, 5, 8, 9, 10, 18, by adding a subdivision; 155A.25, subdivisions 1a,
3, 5, 7; 155A.27, subdivisions 5a, 10, by adding subdivisions; 155A.271,
subdivision 2; 155A.29, subdivision 2; 155A.30, subdivisions 3, 4, 5, 6, 7, 8, 9,
11, 12; 155A.31; 155A.32; 155A.33, subdivisions 1, 2, 3, 4, 5, 6, by adding a
subdivision; Laws 2023, chapter 70, article 20, section 12, as amended; Laws
2025, chapter 39, article 1, section 2; proposing coding for new law in Minnesota
Statutes, chapter 16C; repealing Minnesota Statutes 2024, section 155A.275; Laws
2017, First Special Session chapter 4, article 1, section 29; Minnesota Rules, parts
2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200; 2100.3300; 2100.4500;
2100.5200, subparts 1, 2, 5; 2100.5300; 2100.6000.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1.

Laws 2023, chapter 70, article 20, section 12, as amended by Laws 2023, chapter
75, section 13, and Laws 2024, chapter 127, article 67, section 15, is amended to read:

Sec. 12. COMMISSIONER OF MANAGEMENT AND BUDGET

$

12,932,000

$

deleted text begin 3,412,000 deleted text end new text begin 2,412,000 new text end

(a) Outcomes and evaluation consultation.
$450,000 in fiscal year 2024 and $450,000 in
fiscal year 2025 are for outcomes and
evaluation consultation requirements.

(b) Department of Children, Youth, and
Families. $11,931,000 in fiscal year 2024 and
deleted text begin $2,066,000 deleted text end new text begin $1,066,000 new text end in fiscal year 2025 are
to establish the Department of Children,
Youth, and Families. This is a onetime
appropriation.

(c) Health care subcabinet. $551,000 in fiscal
year 2024 and $664,000 in fiscal year 2025
are to hire an executive director for the health
care subcabinet and to provide staffing and
administrative support for the health care
subcabinet.

(d) Base level adjustment. The general fund
base is $1,114,000 in fiscal year 2026 and
$1,114,000 in fiscal year 2027.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Laws 2025, chapter 39, article 1, section 2, is amended to read:

Sec. 2. LEGISLATURE

Subdivision 1. Total Appropriation

$

deleted text begin 112,970,000 deleted text end new text begin 114,370,000 new text end

$

deleted text begin 114,534,000 deleted text end new text begin 115,346,000 new text end

The amounts that may be spent for each
purpose are specified in the following
subdivisions. The base for this appropriation
is deleted text begin $112,818,000 deleted text end new text begin $113,704,000 new text end in fiscal year
2028 new text begin and $113,930,000 in fiscal year 2029
new text end and each fiscal year thereafter.

Subd. 2. Senate

deleted text begin 38,238,000 deleted text end new text begin 39,356,000 new text end

deleted text begin 39,690,000 deleted text end new text begin 40,398,000 new text end

new text begin The base for this appropriation is $40,421,000
in fiscal year 2028 and $40,641,000 in fiscal
year 2029 and each fiscal year thereafter.
new text end

Subd. 3. House of Representatives

deleted text begin 42,375,000 deleted text end new text begin 42,657,000 new text end

deleted text begin 41,163,000 deleted text end new text begin 41,267,000 new text end

The base for this appropriation is deleted text begin $39,437,000 deleted text end new text begin
$39,592,000 new text end in fiscal year 2028 new text begin and
$39,598,000 in fiscal year 2029 new text end and each fiscal
year thereafter.

Subd. 4. Legislative Coordinating Commission

32,357,000

33,681,000

The base for this appropriation is $33,691,000
in fiscal year 2028 and each fiscal year
thereafter.

Legislative Auditor. $12,365,000 the first
year and $12,857,000 the second year are for
the Office of the Legislative Auditor. The base
for this appropriation is $12,867,000 in fiscal
year 2028 and each fiscal year thereafter.

Revisor of Statutes. $9,094,000 the first year
and $9,466,000 the second year are for the
Office of the Revisor of Statutes.

Legislative Reference Library. $2,278,000
the first year and $2,369,000 the second year
are for the Legislative Reference Library.

Legislative Budget Office. $2,800,000 the
first year and $2,965,000 the second year are
for the Legislative Budget Office.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin APPROPRIATION; ATTORNEY GENERAL.
new text end

new text begin $1,231,000 in fiscal year 2027 is appropriated from the general fund to the attorney
general for the Medicaid Fraud Control Unit.
new text end

Sec. 4. new text begin APPROPRIATION; DEPARTMENT OF ADMINISTRATION.
new text end

new text begin (a) $1,925,000 in fiscal year 2026 is appropriated from the general fund to the
commissioner of administration for grants to public television stations for operations. Of
this amount, $350,000 is for a grant to Pioneer PBS; $475,000 is for a grant to Lakeland
PBS; $650,000 is for a grant to KSMQ; $250,000 is for a grant to PBS North; and $200,000
is for a grant to Prairie Public television.
new text end

new text begin (b) $1,193,000 in fiscal year 2027 is appropriated from the general fund to the
commissioner of administration for information technology costs and administration of the
payroll reporting portal and database established under Minnesota Statutes, section 16C.37.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin APPROPRIATION; MELISSA HORTMAN MEMORIAL.
new text end

new text begin (a) $800,000 of the appropriation to implement the updated Capitol Mall Design
Framework under Laws 2023, chapter 62, article 1, section 11, subdivision 2, as amended
by Laws 2025, chapter 39, article 1, section 39, is to design and cast a statue recognizing
Melissa Hortman's historic contributions to the state of Minnesota. The statue shall be
incorporated into the design of a memorial garden on the State Office Building site by the
Department of Administration. Minnesota Rules, part 2400.2703, shall not apply to the
activities funded under this section.
new text end

new text begin (b) Notwithstanding any law or rule to the contrary, the Capitol Area Architectural and
Planning Board must select the artist via a competitive process and consult with the
immediate family of Melissa Hortman throughout the selection and design approval process.
The statue design shall include the likeness of deceased family members of Melissa Hortman.
new text end

new text begin (c) Any unspent portion of the money under this section remaining after the casting of
the statue is available for additional landscaping elements on the memorial garden site.
new text end

new text begin (d) The money under this section is available until June 30, 2029.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

BOARD OF BARBER EXAMINERS

Section 1.

Minnesota Statutes 2024, section 154.001, subdivision 2, is amended to read:

Subd. 2.

Board of Barber Examiners.

(a) A Board of Barber Examiners is established
to consist of four barber members and one public member, as defined in section 214.02,
appointed by the governor.

(b) The barber members shall be persons who have practiced as registered barbers in
this state for at least five years immediately prior to their appointment; shall be graduates
from the 12th grade of a high school or have equivalent education, and shall have knowledge
of the matters to be taught in registered barber schools, as set forth in section 154.07. deleted text begin One
of the barber members shall be a member of, or recommended by, a union of journeymen
barbers that has existed at least two years, and one barber member shall be a member of,
or recommended by, a professional organization of barbers.
deleted text end

Sec. 2.

Minnesota Statutes 2024, section 154.003, is amended to read:

154.003 FEES.

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board,
shall be paid to the board. The board shall deposit the fees in the general fund in the state
treasury.

(b) The board shall charge the following fees:

(1) new text begin practical new text end examination deleted text begin and certificate deleted text end , registered barber, deleted text begin $85 deleted text end new text begin $80 new text end ;

deleted text begin (2) retake of written examination, $10;
deleted text end

new text begin (2) initial barber registration, $80;
new text end

(3) examination and certificate, instructor, $180;

(4) certificate, instructor, $65;

(5) temporary teacher permit, $80;

(6) temporary registered barber, military, $85;

(7) temporary barber instructor, military, $180;

(8) renewal of registration, registered barber, $80;

(9) renewal of registration, instructor, $80;

(10) renewal of temporary teacher permit, $65;

(11) student permit, $45;

(12) renewal of student permit, $25;

(13) initial shop registration, $85;

(14) initial school registration, $1,030;

(15) renewal shop registration, $85;

(16) renewal school registration, $280;

(17) restoration of registered barber registration, $95;

(18) restoration of shop registration, $105;

(19) change of ownership or location, $55;

(20) duplicate registration, $40;

(21) home study course, $75;

(22) letter of registration verification, $25; and

(23) reinspection, $100.

new text begin (c) If the board uses a board-approved examination provider for any portion of the
comprehensive registered barber examination and the provider charges a fee, an examinee
must pay the fee directly to the provider. A fee charged by a provider under this paragraph
is separate from and not included in the fees that an examinee pays to the board.
new text end

Sec. 3.

Minnesota Statutes 2024, section 154.01, is amended to read:

154.01 REGISTRATION MANDATORY.

(a) The registration of the practice of barbering serves the public health and safety of
the people of the state of Minnesota by ensuring that individuals seeking to practice the
profession of barbering are appropriately trained in the use of the chemicals, tools, and
implements of barbering and demonstrate the skills necessary to conduct barber services in
a safe, sanitary, and appropriate environment required for infection control.

(b) No person shall practice, offer to practice, or attempt to practice barbering without
a current certificate of registration as a registered barber, issued deleted text begin pursuant to provisions of
sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to
154.28 deleted text end by the Board of Barber Examiners.

(c) A registered barber must only provide barbering services in a registered barber shop
or barber school, unless prior authorization is given by the board.

(d) No person shall operate a barber shop unless it is at all times under the direct
supervision and management of a registered barber and the owner or operator of the barber
shop possesses a current shop registration card, issued to the barber shop establishment
address deleted text begin , under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28 deleted text end by the Board of Barber Examiners.

(e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering
without a current certificate of registration as a registered instructor of barbering or a
temporary permit as an instructor of barbering, as provided for the board by rule, issued
deleted text begin under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24
to 154.28 deleted text end by the Board of Barber Examiners. Barber instruction must be provided in
registered barber schools only.

(f) No person shall operate a barber school unless the owner or operator possesses a
current certificate of registration as a barber school, issued deleted text begin under sections 154.001, 154.002,
154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end by the Board of Barber
Examiners.

Sec. 4.

Minnesota Statutes 2024, section 154.02, subdivision 1, is amended to read:

Subdivision 1.

What constitutes barbering.

Any one or any combination of the
following practices when done upon the head, face, and neck for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when done for payment
directly or indirectly or without payment for the public generally constitutes the practice of
barbering within the meaning of deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162,
154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end : to shave the face or neck new text begin using a straight
razor or other tool new text end , trim the beard, clean, condition, cut, color, shape, or straighten the hair
of any person of either sex for compensation or other reward received by the person
performing such service or any other person; to give facial and scalp massage with oils,
creams, lotions, or other preparations either by hand or mechanical appliances; to singe,
shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics,
powders, oils, clays, or lotions to hair, scalp, face, or neck. new text begin The removal of hair through the
process of waxing is not barbering.
new text end

Sec. 5.

Minnesota Statutes 2024, section 154.02, subdivision 4, is amended to read:

Subd. 4.

Certificate of registration.

A "certificate of registration" means the certificate
issued to an individual, new text begin a new text end barber shop, or new text begin a new text end barber school that is in compliance with deleted text begin the
requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28 deleted text end new text begin this chapter new text end .

Sec. 6.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Straight razor. new text end

new text begin A straight razor is a razor with a rigid steel cutting blade or a
replaceable blade that is hinged to a case that forms a handle when the razor is open for use.
new text end

Sec. 7.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Waxing. new text end

new text begin Waxing is the process of removing hair from a part of the body by
applying wax and peeling off the wax.
new text end

Sec. 8.

Minnesota Statutes 2024, section 154.05, is amended to read:

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED BARBER.

deleted text begin (a) deleted text end A person is qualified to receive a certificate of registration as a registered barber if
the person:

(1) deleted text begin has successfully completed ten grades of education deleted text end new text begin is at least 17 years of age new text end ;

(2) has successfully completed 1,500 hours of study new text begin of which 281 hours are classroom
hours and 1,219 hours are practical hours new text end in a board-approved barber school; and

(3) has passed deleted text begin an deleted text end new text begin a comprehensive new text end examination deleted text begin conducted by the board deleted text end new text begin in accordance
with section 154.09 new text end to determine new text begin the person's new text end fitness to practice barbering.

deleted text begin (b) A first-time applicant for a certificate of registration to practice as a registered barber
who fails to pass the comprehensive examination conducted by the board and who fails to
pass a onetime retake of the written examination, shall complete an additional 500 hours
of barber education before being eligible to retake the comprehensive examination as many
times as necessary to pass.
deleted text end

Sec. 9.

Minnesota Statutes 2024, section 154.07, subdivision 1, is amended to read:

Subdivision 1.

Admission requirements; course of instruction.

No barber school shall
be approved by the board unless deleted text begin it deleted text end new text begin the barber school new text end requires, deleted text begin as a prerequisite to admission,
ten grades of an approved school or its equivalent, as determined by educational transcript,
high school diploma, high school equivalency certificate, or an examination conducted by
the commissioner of education, which shall issue a certificate that the student has passed
the required examination, and unless it requires, deleted text end as a prerequisite to graduation, a course of
instruction of at least 1,500 hours of not more than ten hours of schooling in any one working
day. The course of instruction must include the following subjects: scientific fundamentals
for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of
the head, face, and neck; elementary chemistry relating to sanitation; disinfection; sterilization
and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the
muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting
and dyeing the hair; and the chemical waving and straightening of hair.

Sec. 10.

Minnesota Statutes 2024, section 154.07, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Application review process. new text end

new text begin (a) Upon receipt of an application to establish a
barber school, the board must consider the application during a meeting that is open to the
public. At the meeting, the applicant must demonstrate that:
new text end

new text begin (1) the contents of the application are true, as required by chapter 154 and the rules of
the board; and
new text end

new text begin (2) the applicant has sufficient financial resources to fund the barber school.
new text end

new text begin (b) The board may deny an application if the board determines that the applicant's
financial resources would be insufficient to:
new text end

new text begin (1) maintain and operate a barber school; and
new text end

new text begin (2) ensure that the barber school would be open long enough for all registered students
to graduate from the barber school.
new text end

Sec. 11.

Minnesota Statutes 2024, section 154.08, is amended to read:

154.08 APPLICATION; FEE.

Each applicant for an examination shall:

(1) make new text begin an new text end application to the Board of Barber Examiners new text begin or a board-approved
examination provider new text end on blank forms prepared and furnished by deleted text begin it, the application to deleted text end new text begin the
board or the board-approved provider. The application must new text end contain proof under the
applicant's oath of the particular qualifications and identity of the applicant;

(2) provide all documentation required in support of the application;

(3) pay to the board the required fee; deleted text begin and
deleted text end

(4) upon acceptance of the notarized application new text begin , new text end present a corresponding
government-issued photo identification when the applicant appears for new text begin the new text end examination deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (5) file an application with the board no later than the twentieth day of the month
preceding the month when the practical portion of the exam is administered.
new text end

Sec. 12.

Minnesota Statutes 2024, section 154.09, is amended to read:

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

new text begin Subdivision 1. new text end

new text begin Examination dates. new text end

The board new text begin or a board-approved examination provider
new text end shall conduct new text begin practical new text end examinations of applicants for certificates of registration to practice
as registered barbers not more than deleted text begin six deleted text end new text begin eight new text end times each year, at such time and place as the
board may determine. deleted text begin Additional deleted text end Written examinations may be scheduled deleted text begin by the board deleted text end and
conducted by board staff new text begin or a board-approved provider new text end as designated by the board.

new text begin Subd. 2. new text end

new text begin Documentation required. new text end

The deleted text begin proprietor deleted text end new text begin owner or operator new text end of a barber school
must file an affidavit with the board of hours completed by students applying to take the
deleted text begin registered barber deleted text end new text begin comprehensive new text end examination. Students must complete the full 1,500-hour
curriculum in a barber school approved by the board deleted text begin within the past four years deleted text end to be eligible
for new text begin the new text end examination. deleted text begin Barber students who have completed barber school more than four
years prior to application, that have not obtained a barber registration, license, or certificate
in any jurisdiction must complete an additional 500 hours of barber school education to be
eligible for the registered barber examination.
deleted text end

new text begin Subd. 3. new text end

new text begin Examinations for registration restoration. new text end

deleted text begin Registered barbers that fail deleted text end new text begin An
individual who fails new text end to renew deleted text begin their deleted text end new text begin the individual's barber new text end registration for four or more years
deleted text begin are deleted text end new text begin is new text end required to new text begin purchase and complete the "Home Study Course for Barbers" program
that was prepared and approved by the board before the individual is eligible to apply to
new text end take the deleted text begin registered barber deleted text end new text begin comprehensive new text end examination to reinstate the new text begin individual's new text end registration.

new text begin Subd. 4. new text end

new text begin Examinations for individuals seeking reciprocity. new text end

new text begin An individual who must
pass the comprehensive examination under section 154.11 must purchase and complete the
"Home Study Course for Barbers" program that was prepared and approved by the board
before the individual is eligible to take the comprehensive examination.
new text end

new text begin Subd. 5. new text end

new text begin Contents of examination. new text end

The new text begin comprehensive new text end examination deleted text begin of applicants for
certificates of registration as barbers shall deleted text end new text begin must new text end include new text begin :
new text end

new text begin (1) new text end a practical deleted text begin demonstration deleted text end new text begin portion that consists of: a haircut and three of the following
practical services that the board shall determine: a shave, a beard trim, a shampoo, a perm
wrap, a facial, or a color application; new text end and

new text begin (2) new text end a written deleted text begin test. The examination must cover deleted text end new text begin portion that covers new text end the subjects taught in
barber schools deleted text begin registered with the board, including deleted text end new text begin as required by this chapter, new text end applicable
state deleted text begin statute deleted text end new text begin statutes, new text end and deleted text begin rule deleted text end new text begin rules new text end .

new text begin Subd. 6. new text end

new text begin Examination grading. new text end

new text begin The comprehensive examination must be graded as
follows:
new text end

new text begin (1) the grading for the practical portion of the examination must be on a scale of one to
100, with 100 representing a perfect score. A score of 75 must be the minimum passing
grade for the haircut portion and 75 must be the minimum passing score for the average of
the remaining parts of the practical examination; and
new text end

new text begin (2) the minimum passing score for the written portion of the examination is 75 percent.
new text end

new text begin Subd. 7. new text end

new text begin Failure of examination. new text end

new text begin (a) An individual who does not pass one portion of
the comprehensive examination within a year of passing the other portion of the
comprehensive examination must retake the entire comprehensive examination.
new text end

new text begin (b) An individual who has failed a portion of the comprehensive examination may retake
that portion of the examination within a year of passing the other portion after meeting the
requirements of this chapter, paying any required fees, and making an application to the
board as required by section 154.08.
new text end

Sec. 13.

Minnesota Statutes 2024, section 154.11, subdivision 1, is amended to read:

Subdivision 1.

Examination of nonresidents.

(a) A person who meets all of the
requirements for barber registration in deleted text begin sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end and either has a currently
active license, certificate of registration, or equivalent as a practicing barber or instructor
of barbering as verified from another state or, if presenting foreign country credentials as
verified by a board-approved professional credential evaluation provider, which in the
discretion of the board has substantially the same requirements for registering barbers and
instructors of barbering as required deleted text begin by sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin in this chapter new text end shall, upon payment of the
required fee, be issued a certificate of registration without examination.

(b) Individuals without a current documented license, certificate of registration, or
equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber
education as verified by the barber school attended in the other state or if presenting foreign
country education as verified by a board-approved professional credential evaluation provider,
completed within the previous four years, which, in the discretion of the board, has
substantially the same requirements as required in deleted text begin sections 154.001, 154.002, 154.003,
154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end will be eligible for
examination.

(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject
to all the requirements of section 154.05.

Sec. 14.

Minnesota Statutes 2024, section 154.11, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Examination of cosmetologists. new text end

new text begin (a) A person may be credited with up to 1,000
hours of study toward the 1,500 hours of study required under section 154.05 if the person:
new text end

new text begin (1) has hours of study that the board determines are substantially similar to the
requirements in section 154.07;
new text end

new text begin (2) has a currently active license verified by the issuing state or a certificate of registration
verified by the issuing state, or equivalent, as a practicing cosmetologist; or
new text end

new text begin (3) has credentials as a practicing cosmetologist from a foreign country that are verified
by a board-approved professional credential evaluation provider and the board has determined
that the foreign country's curriculum requirements are substantially similar to the
requirements in section 154.07.
new text end

new text begin (b) After a person with credited hours under paragraph (a) completes the remaining
required hours in a board-approved barber school and meets the requirements of section
154.05, clause (1), the person is eligible for the comprehensive examination.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200;
2100.3300; 2100.4500; 2100.5200, subparts 1, 2, and 5; 2100.5300; and 2100.6000, new text end new text begin are
repealed.
new text end

ARTICLE 3

BOARD OF COSMETOLOGIST EXAMINERS

Section 1.

Minnesota Statutes 2024, section 155A.20, is amended to read:

155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of seven members,
appointed by the governor as follows:

(1) two cosmetologists, one of whom is recommended by a professional association of
cosmetologists, nail technicians, and estheticians;

(2) two school instructors, one of whom is teaching at a public cosmetology school in
the state and one of whom is teaching at a private cosmetology school in the state;

(3) one new text begin advanced practice new text end esthetician;

(4) one nail technician; and

(5) one public member, as defined in section 214.02.

(b) All cosmetologist, new text begin advanced practice new text end esthetician, and nail technician members must
be currently licensed in the field of cosmetology, nail technology, or deleted text begin esthetology, deleted text end new text begin advanced
practice esthiology new text end in Minnesota deleted text begin , deleted text end new text begin ; new text end have practiced in the licensed occupation for at least five
years immediately prior to their appointment deleted text begin , be graduates from grade 12 of high school or
have equivalent education, deleted text end new text begin ; new text end and have knowledge of sections 155A.21 to 155A.36 and
Minnesota Rules, chapters 2105 and 2110.

(c) Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements deleted text begin shall deleted text end new text begin must new text end be as provided
in sections 214.07 to 214.09. The provision of staff, administrative services, and office
space; the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations deleted text begin shall deleted text end new text begin must new text end be as provided in chapter 214.

(d) Members appointed to fill vacancies caused by death, resignation, or removal deleted text begin shall deleted text end new text begin
must new text end serve during the unexpired term of their predecessors.

Sec. 2.

Minnesota Statutes 2024, section 155A.23, subdivision 4, is amended to read:

Subd. 4.

Cosmetologist.

A "cosmetologist" is any person who, for compensation,
performs deleted text begin the deleted text end personal services deleted text begin , as defined in subdivision 3 deleted text end new text begin for the cosmetic care of the hair,
nails, and stratum corneum of the epidermal layer of the skin surface new text end .

Sec. 3.

Minnesota Statutes 2024, section 155A.23, subdivision 5, is amended to read:

Subd. 5.

Esthetician.

An "esthetician" is any person who, for compensation, performs
personal services for the cosmetic care of the new text begin stratum corneum of the epidermal layer of the new text end
skin new text begin surface new text end only.

Sec. 4.

Minnesota Statutes 2024, section 155A.23, subdivision 8, is amended to read:

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician,
advanced practice esthetician, hair technician, nail technician deleted text begin practitioner deleted text end , or eyelash
technician, and who has a manager license and provides any services under that license, as
defined in subdivision 3.

Sec. 5.

Minnesota Statutes 2024, section 155A.23, subdivision 9, is amended to read:

Subd. 9.

Salon.

A "salon" is an new text begin indoor new text end area, room, or rooms employed to offer personal
services, as defined in subdivision 3. deleted text begin "Salon" deleted text end new text begin Salon new text end does not include the home of a customer
but the board may adopt health and infection control rules governing practice in the homes
of customers.

Sec. 6.

Minnesota Statutes 2024, section 155A.23, subdivision 10, is amended to read:

Subd. 10.

School.

A "school" is a place where deleted text begin any person operates and maintains a class
to teach deleted text end cosmetology new text begin instruction or training is offered new text end to the public for compensation.
deleted text begin "School" deleted text end new text begin School new text end does not include a place deleted text begin where the only teaching of cosmetology is done
by a licensed cosmetologist as part of a community education program of less than ten hours
duration, provided that the program does not permit practice on persons other than students
in the program, and provided that the program is intended solely for the self-improvement
of the students deleted text end new text begin that only offers continuing education according to this chapter, additional
instruction or training to licensees on services within the licensee's scope of practice, or
community education programs for personal enrichment new text end and not as preparation for
professional practice.

Sec. 7.

Minnesota Statutes 2024, section 155A.23, is amended by adding a subdivision to
read:

new text begin Subd. 10a. new text end

new text begin School administrator. new text end

new text begin "School administrator" means the proprietor, if the
applicant is a proprietorship; the managing partner, if the applicant is a partnership; the
authorized officers, if the applicant is a corporation, association, company, firm, society,
or trust; or the dean, principal, or other authorized signatory, if the applicant is a school in
the Minnesota State Colleges and Universities system or a secondary school.
new text end

Sec. 8.

Minnesota Statutes 2024, section 155A.23, subdivision 18, is amended to read:

Subd. 18.

Practitioner.

A "practitioner" is any person licensed as an operator or manager
in the practice of cosmetology, esthiology, new text begin advanced practice esthiology, new text end hair technology
services, nail technology services, or eyelash technology services.

Sec. 9.

Minnesota Statutes 2024, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this
subdivision.

(b) Three-year license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner new text begin or instructor new text end found on inspection, $150
each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2, $500;

deleted text begin (9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;
deleted text end

deleted text begin (10) owner and manager allowing an operator to work as an independent contractor,
$200;
deleted text end

deleted text begin (11) operator working as an independent contractor, $100;
deleted text end

deleted text begin (12) deleted text end new text begin (9) new text end refusal or failure to cooperate with an inspection, $500;

deleted text begin (13) deleted text end new text begin (10) new text end practitioner late renewal fee, $45; and

deleted text begin (14) deleted text end new text begin (11) new text end salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

deleted text begin (5) special event permit, $75 per year;
deleted text end

deleted text begin (6) $100 deleted text end new text begin (5) no fee new text end for deleted text begin each deleted text end new text begin a new text end temporary military license for a cosmetologist, nail
technician, esthetician, deleted text begin or deleted text end advanced practice esthetician deleted text begin one-year fee deleted text end new text begin , or eyelash technician new text end ;

deleted text begin (7) deleted text end new text begin (6) new text end expedited initial individual license, $150;

deleted text begin (8) deleted text end new text begin (7) new text end expedited initial salon license, $300;

deleted text begin (9) deleted text end new text begin (8) new text end instructor continuing education provider approval, $150 each year; and

deleted text begin (10) deleted text end new text begin (9) new text end practitioner continuing education provider approval, $150 each year.

Sec. 10.

Minnesota Statutes 2024, section 155A.25, subdivision 3, is amended to read:

Subd. 3.

Other licenses.

A licensee who applies for licensing in a second category deleted text begin shall deleted text end new text begin
must new text end pay the full license fee and application fee for the second category of license. new text begin If
maintaining more than one license, a licensee must pay the renewal and application fee for
each license except as provided in section 155A.27, subdivision 6b.
new text end

Sec. 11.

Minnesota Statutes 2024, section 155A.25, subdivision 5, is amended to read:

Subd. 5.

Board must approve or deny application; timeline.

Within 15 working days
of receiving a complete application and the required fees new text begin , if any, new text end to apply for or renew an
individual or salon license that is not an expedited license or a military license, the board
must (1) issue the license, (2) deny the license and notify the applicant of the denial, or (3)
if the conditions in subdivision 6 are met, notify the applicant that the board must conduct
additional review.

Sec. 12.

Minnesota Statutes 2024, section 155A.25, subdivision 7, is amended to read:

Subd. 7.

Temporary military license or expedited license.

Within five business days
of receiving a completed application and the required fees new text begin , if any, new text end for an individual or salon
license that meets requirements for an expedited license or a temporary military license,
the board must: (1) issue the license; (2) deny the license and notify the applicant of the
denial; or (3) notify the applicant that the board must conduct additional review if the
application meets the conditions in subdivision 8.

Sec. 13.

Minnesota Statutes 2024, section 155A.27, subdivision 5a, is amended to read:

Subd. 5a.

Temporary military license.

The board deleted text begin shall deleted text end new text begin must new text end establish temporary licenses
for a cosmetologist, new text begin a new text end hair technician, new text begin a new text end nail technician, new text begin an eyelash technician, an esthetician, new text end
and new text begin an advanced practice new text end esthetician in accordance with section 197.4552 new text begin , subdivision 2 new text end . new text begin
A temporary license issued under section 197.4552, subdivision 2, is valid for a three-year
licensing period. The board must only issue one temporary license per applicant.
new text end

Sec. 14.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Instructor license renewal. new text end

new text begin (a) When issuing an instructor license to an
individual who holds an operator or a salon manager license in the same classification, the
board must extend the expiration date of the operator or salon manager license so that both
licenses in the same classification expire on the same date.
new text end

new text begin (b) When an individual simultaneously renews an instructor license and an operator or
a salon manager license in the same classification, the board must charge the individual
only the instructor renewal license and renewal application fee according to section 155A.25,
subdivision 1a, paragraph (b), clause (3), and must not charge a fee for renewing the operator
or salon manager license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028.
new text end

Sec. 15.

Minnesota Statutes 2024, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, new text begin a new text end hair technician new text begin , an
advanced practice esthetician new text end , new text begin a new text end nail technician, new text begin an new text end esthetician new text begin , or an eyelash technician new text end may
be licensed in Minnesota if the individual has completed cosmetology school in a state or
country with the same or greater school hour requirements, has an active license in that state
or country, deleted text begin and deleted text end has passed a board-approved theory and practice-based examination, new text begin and
has passed new text end the Minnesota-specific written operator examination deleted text begin for cosmetologist, hair
technician, nail technician, esthetician deleted text end . If a test is used to verify the qualifications deleted text begin of trained
cosmetologists deleted text end , the test deleted text begin should deleted text end new text begin must new text end be translated into the nonresident's native language
within the limits of available resources. Licenses deleted text begin shall deleted text end new text begin must new text end not be issued under this
subdivision for managers or instructors.

(b) If an individual has less than the required number of school hours, the individual
must have had a current active license in another state or country for at least three years and
have passed a board-approved theory and practice-based examination deleted text begin , deleted text end and the
Minnesota-specific written operator examination deleted text begin for cosmetologist, hair technician, nail
technician, esthetician deleted text end . If a test is used to verify the qualifications deleted text begin of trained cosmetologists deleted text end ,
the test deleted text begin should deleted text end new text begin must new text end be translated into the nonresident's native language within the limits
of available resources. Licenses must not be issued under this subdivision for managers or
instructors.

(c) Applicants claiming training and experience in a foreign country deleted text begin shall deleted text end new text begin must new text end supply
official English-language translations of all required documents from a board-approved
source.

Sec. 16.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Reciprocity for barbers. new text end

new text begin A person who is a registered barber under chapter
154 may be granted credit up to 500 hours, as determined by a Minnesota-licensed
cosmetology school, toward the required hours of study for a license in cosmetology or hair
technology if the person:
new text end

new text begin (1) provides the cosmetology school with a verification of registration issued from the
Minnesota Board of Barber Examiners verifying that the person has an active Minnesota
barber registration; and
new text end

new text begin (2) holds an active Minnesota barber registration at the time that the person applies for
a license in cosmetology or hair technology.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on January 1, 2027.
new text end

Sec. 17.

Minnesota Statutes 2024, section 155A.271, subdivision 2, is amended to read:

Subd. 2.

Continuing education providers.

(a) Only a board-licensed school of
cosmetology, a postsecondary institution as deleted text begin defined deleted text end new text begin described new text end in section 136A.103, new text begin
subdivision 1, new text end paragraph (a), or a board-recognized professional association organized under
chapter 317A may be approved by the board to offer continuing education for credit under
subdivision 1, paragraph (a). Continuing education under subdivision 1, paragraph (b), may
be offered by a:

(1) board-licensed school of cosmetology;

(2) board-recognized professional association organized under chapter 317A; or

(3) board-licensed salon.

An approved school or professional association may offer web-based continuing education
instruction to achieve maximum involvement of licensees. Continuing education providers
are encouraged to offer classes available in foreign language formats.

(b) Board approval of any continuing education provider is valid for one calendar year
and is contingent upon submission and preapproval of the lesson plan or plans with learning
objectives for the class to be offered and the payment of the application fee in section
155A.25, subdivision 1a, paragraph (d), clause (10). The board deleted text begin shall deleted text end new text begin must new text end maintain a list
of approved providers and courses on the board's website. The board may revoke
authorization of a continuing education provider at any time for just cause and the board
may demand return of documents required under subdivision 3.

Sec. 18.

Minnesota Statutes 2024, section 155A.29, subdivision 2, is amended to read:

Subd. 2.

Requirements.

The conditions and process by which a salon is licensed deleted text begin shall deleted text end new text begin
must new text end be established by the board by rule. In addition to those requirements, deleted text begin no deleted text end new text begin a new text end license
deleted text begin shall deleted text end new text begin must not new text end be issued unless the board first determines that the conditions in clauses (1)
to (4) have been satisfied:

(1) compliance with all local and state laws, particularly relating to matters of infection
control, health, and safety;

(2) the deleted text begin employment deleted text end new text begin appointment new text end of a manager, as defined in section 155A.23, subdivision
8;

(3) if applicable, evidence of compliance with workers' compensation section 176.182;
and

(4) evidence of continued professional liability insurance coverage of at least $25,000
for each claim and $50,000 total coverage for each policy year for each deleted text begin operator deleted text end new text begin practitioner new text end .

Sec. 19.

Minnesota Statutes 2024, section 155A.30, subdivision 3, is amended to read:

Subd. 3.

Applications.

Application for a license deleted text begin shall deleted text end new text begin must new text end be prepared on forms
furnished by the board and deleted text begin shall deleted text end new text begin must new text end contain the following and such other information as
may be required:

(1) the name of the school, together with ownership and controlling officers, members,
and managing employees;

(2) the specific fields of instruction which will be offered and reconciliation of the course
content and length to meet the minimum standards, as prescribed in subdivision 2;

(3) the place or places where instruction will be given;

(4) a listing of the equipment available for instruction in each course offered;

(5) the maximum enrollment to be accommodated;

(6) a listing of instructors, all of whom deleted text begin shall deleted text end new text begin must new text end be licensed as provided in section
155A.27, subdivision 2, except that any school may use occasional instructors or lecturers
who would add to the general or specialized knowledge of the students but who need not
be licensed;

(7) a current balance sheet, income statement or documentation to show sufficient
financial worth and responsibility to properly conduct a school and to assure financial
resources ample to meet the school's financial obligations;

(8) other financial guarantees deleted text begin which deleted text end new text begin that new text end would assure protection of the public as
determined by rule; and

(9) a copy of all written deleted text begin material which deleted text end new text begin materials that new text end the school uses deleted text begin to solicit prospective
students, including but not limited to a tuition and fee schedule, and all catalogues, brochures
and other recruitment advertisements. Each school shall annually, on a date determined by
the board, file with the board any new or amended materials which it has distributed during
the past year deleted text end new text begin for prospective student enrollment, including the enrollment contract, the
student handbook, and tuition and fee information new text end .

Sec. 20.

Minnesota Statutes 2024, section 155A.30, subdivision 4, is amended to read:

Subd. 4.

Verification of application.

Each application deleted text begin shall deleted text end new text begin must new text end be signed and certified
to under oath by deleted text begin the proprietor if the applicant is a proprietorship, by the managing partner
if the applicant is a partnership, or by the authorized officers of the applicant if the applicant
is a corporation, association, company, firm, society or trust deleted text end new text begin a school administrator as defined
in section 155A.23, subdivision 10a new text end .

Sec. 21.

Minnesota Statutes 2024, section 155A.30, subdivision 5, is amended to read:

Subd. 5.

Conditions precedent to issuance.

A license must not be issued unless the
board first determines that the applicant has met the requirements in clauses (1) to (9):

(1) the applicant must have a sound financial condition with sufficient resources available
to meet the school's financial obligations; to refund all tuition and other charges, within a
reasonable period of time, in the event of dissolution of the school or in the event of any
justifiable claims for refund against the school; to provide adequate service to its students
and prospective students; and to maintain proper use and support of the school;

(2) the applicant must have satisfactory training facilities with sufficient tools and
equipment and the necessary number of work stations to adequately train the students
currently enrolled, and those proposed to be enrolled;

(3) the applicant must employ a sufficient number of qualified instructors trained by
experience and education to give the training contemplated;

(4) the premises and conditions under which the students work and study must be sanitary,
healthful, and safe according to modern standards;

(5) each occupational course or program of instruction or study must be of such quality
and content as to provide education and training that will adequately prepare enrolled
students for testing, licensing, and entry level positions;

(6) the school must have coverage by professional liability insurance of at least $25,000
per incident and an accumulation of $150,000 for each premium year;

(7) the applicant deleted text begin shall deleted text end new text begin must new text end provide evidence of the school's compliance with section
176.182;

(8) the applicant, except the state and its political subdivisions as described in section
13.02, subdivision 11, must file with the board a continuous corporate surety bond in the
amount of no less than ten percent of the preceding year's gross income from student tuition,
fees, and other required institutional charges, but in no event less than $10,000, conditioned
upon the faithful performance of all contracts and agreements with students made by the
applicant. New schools must base the bond amount on the anticipated gross income from
student tuition, fees, and other required institutional charges for the third year of operation,
but in no event less than $10,000. The applicant must compute the amount of the surety
bond and verify that the amount of the surety bond complies with this subdivision. The
bond deleted text begin shall deleted text end new text begin must new text end run to the board and to any person who may have a cause of action against
the applicant arising at any time after the bond is filed and before it is canceled for breach
of any contract or agreement made by the applicant with any student. The surety of the bond
may cancel it upon giving 60 days' notice in writing to the board and deleted text begin shall deleted text end new text begin must new text end be relieved
of liability for any breach of condition occurring after the effective date of cancellation;
and

(9) the applicant must appoint a designated school manager.

Sec. 22.

Minnesota Statutes 2024, section 155A.30, subdivision 6, is amended to read:

Subd. 6.

Fees; renewals.

(a) Applications for initial license under sections 155A.21 to
155A.36 deleted text begin shall deleted text end new text begin must new text end be accompanied by a nonrefundable application fee set forth in section
155A.25.

(b) License duration deleted text begin shall deleted text end new text begin must new text end be three years. Each renewal application deleted text begin shall deleted text end new text begin must new text end be
accompanied by a nonrefundable renewal fee set forth in section 155A.25.

(c) Application for renewal of license deleted text begin shall deleted text end new text begin must new text end be made as provided in rules adopted
by the board and on forms supplied by the board.

Sec. 23.

Minnesota Statutes 2024, section 155A.30, subdivision 7, is amended to read:

Subd. 7.

Inspections.

All schools may be inspected as often as the board considers
necessary to affirm compliance. The board deleted text begin shall have deleted text end new text begin has new text end the authority to assess the cost of
the inspection to the school.

Sec. 24.

Minnesota Statutes 2024, section 155A.30, subdivision 8, is amended to read:

Subd. 8.

List of licensed schools; availability.

The board deleted text begin shall deleted text end new text begin must new text end maintain and make
available to the public a list of licensed schools.

Sec. 25.

Minnesota Statutes 2024, section 155A.30, subdivision 9, is amended to read:

Subd. 9.

deleted text begin Separation of deleted text end School and deleted text begin professional departments deleted text end new text begin salon separation new text end .

A
school deleted text begin shall deleted text end new text begin must new text end display in the entrance reception room of deleted text begin its deleted text end new text begin the school's new text end student section
a sign prominently and conspicuously indicating that all work therein is deleted text begin done deleted text end new text begin performed new text end
exclusively by students. deleted text begin Professional departments of a school shall be run deleted text end new text begin Any salon or
business on the same premises as a school must be operated new text end as new text begin an new text end entirely separate and
distinct deleted text begin businesses deleted text end new text begin business new text end and deleted text begin shall deleted text end new text begin must new text end have new text begin a new text end separate deleted text begin entrances deleted text end deleted text begin . deleted text end new text begin entrance from the
school. If a salon or business is located on the same premises as a school: (1) staff of the
salon or business must not provide services or training in the space used by the school; and
(2) staff and students of the school must not provide services or training in the space used
by the salon or business.
new text end

Nothing contained in sections 155A.21 to 155A.36 deleted text begin shall prevent deleted text end new text begin prevents new text end a school from
charging for student work done in the school to cover the cost of materials used and expenses
incurred in and for the operation of the school. All of the student work deleted text begin shall deleted text end new text begin must new text end be
prominently and conspicuously advertised and held forth as being student work and not
otherwise.

Sec. 26.

Minnesota Statutes 2024, section 155A.30, subdivision 11, is amended to read:

Subd. 11.

Instruction requirements.

(a) Instruction may be offered for no more than
ten hours per day per student.

(b) Instruction must be given within a licensed school building new text begin except as provided in
paragraphs (c) and (d) new text end . deleted text begin Online instruction is permitted for board-approved theory-based
classes.
deleted text end

new text begin (c) A school may offer online instruction for theory-based portions of training. A school
must not give new text end practice-based deleted text begin classes must not be given deleted text end new text begin training new text end online.

new text begin (d) A school may offer activities related to the training for industry educational purposes
outside of a school building when accompanied by an instructor for a maximum of one
percent of the total training hours for a course.
new text end

Sec. 27.

Minnesota Statutes 2024, section 155A.30, subdivision 12, is amended to read:

Subd. 12.

Minnesota state authorization.

A cosmetology school licensed or applying
for licensure under this section deleted text begin shall deleted text end new text begin must new text end maintain recognition as an institution of
postsecondary study by meeting the following conditions, in addition to Minnesota Rules,
part 2110.0310:

(1) the school must admit as regular students only those individuals who have a high
school diploma or a diploma based on passing commissioner of education-selected high
school equivalency tests or their equivalent, or who are beyond the age of compulsory
education as prescribed by section 120A.22; and

(2) the school must be licensed by name and authorized by the Office of Higher Education
and the board to offer one or more training programs beyond the secondary level.

Sec. 28.

Minnesota Statutes 2024, section 155A.31, is amended to read:

155A.31 INSPECTIONS.

The board is responsible for inspecting salons and schools licensed pursuant to sections
155A.21 to 155A.36 to assure compliance with the requirements of sections 155A.21 to
155A.36. The board deleted text begin shall deleted text end new text begin must new text end direct board resources first to the inspection of those licensees
who fail to meet the requirements of law, have indicated that they present a greater risk to
the public, or have otherwise, in the opinion of the board, demonstrated that they require a
greater degree of regulatory attention.

Sec. 29.

Minnesota Statutes 2024, section 155A.32, is amended to read:

155A.32 DISPLAY OF LICENSE.

Every holder of a license granted by the board deleted text begin shall deleted text end new text begin must new text end display deleted text begin it deleted text end new text begin the license new text end in a
conspicuous place in the place of business.

Sec. 30.

Minnesota Statutes 2024, section 155A.33, subdivision 1, is amended to read:

Subdivision 1.

Proceedings.

If the board, or a complaint committee if authorized by the
board, has a reasonable basis for believing that a person has engaged in or is about to engage
in a violation of a statute, rule, or order that the board has adopted or issued or is empowered
to enforce, the board or complaint committee may proceed as provided in subdivision 2 or
3. Except as otherwise provided in this section, all hearings must be conducted in accordance
with deleted text begin the Administrative Procedure Act deleted text end new text begin chapter 14 new text end .

Sec. 31.

Minnesota Statutes 2024, section 155A.33, subdivision 2, is amended to read:

Subd. 2.

Legal actions.

(a) When necessary to prevent an imminent violation of a statute,
rule, or order that the board has adopted or issued or is empowered to enforce, the board,
or a complaint committee if authorized by the board, may bring an action in the name of
the state in the District Court of Ramsey County in which jurisdiction is proper to enjoin
the act or practice and to enforce compliance with the statute, rule, or order. On a showing
that a person has engaged in or is about to engage in an act or practice that constitutes a
violation of a statute, rule, or order that the board has adopted or issued or is empowered
to enforce, the court deleted text begin shall deleted text end new text begin must new text end grant a permanent or temporary injunction, restraining order,
or other appropriate relief.

(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when
the board shows that a person has engaged in or is about to engage in an act or practice that
constitutes violation of a statute, rule, or order that the board has adopted or issued or is
empowered to enforce.

(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person
from criminal prosecution by a competent authority, or from action by the board under
subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application
for examination, license, registration, or renewal.

Sec. 32.

Minnesota Statutes 2024, section 155A.33, subdivision 3, is amended to read:

Subd. 3.

Cease and desist orders.

(a) The board, or complaint committee if authorized
by the board, may issue and have served upon an unlicensed or unregistered person, or a
holder of a license or registration, an order requiring the person to cease and desist from an
act or practice that constitutes a violation of a statute, rule, or order that the board has adopted
or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights
of the person named in the order to request a hearing, and (2) state the reasons for the entry
of the order. No order may be issued under this subdivision until an investigation of the
facts has been conducted under section 214.10.

(b) Service of the order under this subdivision is effective when the order is personally
served on the person or counsel of record, or served by certified mail to the most recent
address provided to the board for the person or counsel of record.

(c) The board must hold a hearing under this subdivision not later than 30 days after the
board receives the request for the hearing, unless otherwise agreed between the board, or
complaint committee if authorized by the board, and the person requesting the hearing.

(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a
report within 30 days of the close of the contested case hearing. Within 30 days after
receiving the report and subsequent exceptions and argument, the board deleted text begin shall deleted text end new text begin must new text end issue a
further order vacating, modifying, or making permanent the cease and desist order. If no
hearing is requested within 30 days of service of the order, the order becomes final and
remains in effect until modified or vacated by the board.

Sec. 33.

Minnesota Statutes 2024, section 155A.33, subdivision 4, is amended to read:

Subd. 4.

Licensing and registration actions.

(a) With respect to a person who is a
holder of or applicant for a license or registration under this chapter, the board may by order
deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or
registration, censure or reprimand the person, refuse to permit the person to sit for
examination, or refuse to release the person's examination grades, if the board finds that
such an order is in the public interest and that, based on a preponderance of the evidence
presented, the person has:

(1) violated a statute, rule, or order that the board has adopted or issued or is empowered
to enforce;

(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, related to the
practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest
conduct or acts reflect adversely on the person's ability or fitness to engage in the practice
of the profession;

(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
incompetence, or are otherwise in violation of the standards in the rules of the board, where
the conduct or acts relate to the practice of a profession regulated by this chapter;

(4) employed fraud or deception in obtaining a license, registration, renewal, or
reinstatement, or in passing all or a portion of the examination;

(5) had a license, registration, right to examine, or other similar authority revoked in
another jurisdiction;

(6) failed to meet any requirement for issuance or renewal of the person's license or
registration;

(7) advertised by means of false or deceptive statements;

(8) performed licensed services while consuming or under the influence of an intoxicant
or controlled substance;

(9) demonstrated unprofessional conduct or practice;

(10) permitted an unlicensed person under the person's supervision or control to offer
or practice services regulated by this chapter for compensation;

(11) practices, offered to practice, or attempted to practice by misrepresentation;

(12) failed to display a license or permit as required by rules adopted by the board;

(13) violated the board's rules governing infection control;

(14) refused to permit the board to make an inspection permitted or required by this
chapter, or failed to provide the board or the attorney general on behalf of the board with
any documents or records they request; or

(15) with respect to temporary suspension orders, has committed an act, engaged in
conduct, or committed practices that the board, or complaint committee if authorized by
the board, has determined may result or may have resulted in an immediate threat to the
public.

(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
condition of continued licensure or registration, termination of suspension, reinstatement
of licensure or registration, examination, or release of examination results, require that the
person:

(1) submit to a quality review of the person's ability, skills, or quality of work, conducted
in a manner and by a person or entity that the board determines; or

(2) completes to the board's satisfaction continuing education as the board requires.

deleted text begin (c) Service of an order under this subdivision is effective if the order is served in person,
or is served by certified mail to the most recent address provided to the board by the licensee,
registrant, applicant, or counsel of record. The order must state the reason for the entry of
the order.
deleted text end

new text begin (c) The board or complaint committee, if authorized by the board, may issue an order
under this subdivision. The order may include conditions under paragraph (b) and civil
penalties and fees permitted under subdivision 6. The order may require a person to cease
and desist from acting in violation of paragraph (a). The order must include:
new text end

new text begin (1) a summary of the facts that constitute each violation;
new text end

new text begin (2) the applicable law that has been violated;
new text end

new text begin (3) the licensing or registration action taken under paragraph (a); and
new text end

new text begin (4) a notice to the individual that unless the individual requests a hearing within 30 days
of service of the order, the order becomes a final order of the board.
new text end

new text begin (d) If an order under this subdivision assesses civil penalties, the order must include a
statement that, when the order becomes final, the board may file and enforce any unpaid
amount of a penalty as a judgment in district court without further notice or additional
proceedings.
new text end

new text begin (e) A person issued an order under this subdivision may request a hearing within 30
days of the date the order is served. If a person's written request for a hearing is not received
within 30 days of the date of service of the order, the order becomes a final order and is not
subject to review by any court or agency. If a person submits to the board a timely request
for hearing, the order is stayed pending a final order. The request for a hearing under this
paragraph must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) provide the reason for the person's request for a hearing; and
new text end

new text begin (3) be mailed or delivered to the board within 30 days of service of the order.
new text end

new text begin (f) An order under this subdivision must be personally served or sent by first-class or
certified mail to the most recent address provided to the board by the licensee or applicant
according to Minnesota Rules, part 1400.5550, subparts 2 and 3.
new text end

deleted text begin (d) deleted text end new text begin (g) new text end Except as provided in subdivision 5, paragraph (c), all hearings under this
subdivision must be conducted in accordance with deleted text begin the Administrative Procedure Act deleted text end new text begin chapter
14 new text end .

new text begin (h) Nothing in this chapter prevents the board from resolving any violation through
informal disposition under section 14.59.
new text end

Sec. 34.

Minnesota Statutes 2024, section 155A.33, subdivision 5, is amended to read:

Subd. 5.

Temporary suspension.

(a) When the board, or complaint committee if
authorized by the board, issues a temporary suspension order, the suspension provided for
in the order is effective on service of a written copy of the order on the licensee, registrant,
or counsel of record. The order must specify the statute, rule, or order violated by the licensee
or registrant. The order remains in effect until the board issues a final order in the matter
after a hearing, or on agreement between the board and the licensee or registrant.

(b) An order under this subdivision may (1) prohibit the licensee or registrant from
engaging in the practice of a profession regulated by the board in whole or in part, as the
facts require, and (2) condition the termination of the suspension on compliance with a
statute, rule, or order that the board has adopted or issued or is empowered to enforce. The
order must state the reasons for entering the order and must set forth the right to a hearing
as provided in this subdivision.

(c) Within ten days after service of an order under this subdivision, the licensee or
registrant may request a hearing in writing. The board must hold a hearing before its own
members within five working days of the request for a hearing. The sole issue at the hearing
must be whether there is a reasonable basis to continue, modify, or terminate the temporary
suspension. The hearing is not subject to deleted text begin the Administrative Procedure Act deleted text end new text begin chapter 14 new text end .
Evidence presented to the board or the licensee or registrant may be in affidavit form only.
The licensee, registrant, or counsel of record may appear for oral argument.

(d) Within five working days after the hearing, the board deleted text begin shall deleted text end new text begin must new text end issue its order and,
if the order continues the suspension, deleted text begin shall deleted text end new text begin must new text end schedule a contested case hearing within
30 days of the issuance of the order. Notwithstanding any rule to the contrary, the
administrative law judge deleted text begin shall deleted text end new text begin must new text end issue a report within 30 days after the closing of the
contested case hearing record. The board deleted text begin shall deleted text end new text begin must new text end issue a final order within 30 days of
receiving the report.

Sec. 35.

Minnesota Statutes 2024, section 155A.33, subdivision 6, is amended to read:

Subd. 6.

Violations; penalties; costs.

(a) The board may impose a civil penalty of up
to $2,000 per violation on a person who violates a statute, rule, or order that the board has
adopted or issued or is empowered to enforce.

(b) In addition to any penalty under paragraph (a), the board may impose a fee to
reimburse the board for all or part of the cost of (1) the proceedings resulting in disciplinary
action authorized under this section, (2) the imposition of a civil penalty under paragraph
(a), or (3) the issuance of a cease and desist order. The board may impose a fee under this
paragraph when the board shows that the position of the person who has violated a statute,
rule, or order that the board has adopted or issued or is empowered to enforce is not
substantially justified unless special circumstances make such a fee unjust, notwithstanding
any rule to the contrary. Costs under this paragraph include, but are not limited to, the
amount paid by the board for services from the deleted text begin Office deleted text end new text begin Court new text end of Administrative Hearings,
attorney fees, court reporter costs, witness costs, reproduction of records, board members'
compensation, board staff time, and expenses incurred by board members and staff.

(c) All hearings under this subdivision must be conducted in accordance with deleted text begin the
Administrative Procedure Act deleted text end new text begin chapter 14 new text end .

Sec. 36.

Minnesota Statutes 2024, section 155A.33, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Corrective action. new text end

new text begin (a) When the board or complaint committee, if authorized
by the board, determines that a complaint alleging that an applicant or a licensee violated
this chapter, rules adopted under this chapter, or an order issued by the board may be
appropriately resolved through corrective action, the board or complaint committee may
enter into an agreement for corrective action with an applicant or a licensee.
new text end

new text begin (b) An agreement for corrective action must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) describe the facts upon which the agreement is based;
new text end

new text begin (3) describe the corrective action agreed upon by the board or complaint committee and
the applicant or licensee; and
new text end

new text begin (4) state that the complaint upon which the agreement was based must be dismissed by
the board or complaint committee when the board or committee finds that the applicant or
licensee has successfully performed the corrective action.
new text end

new text begin (c) The board or complaint committee may determine that the applicant or licensee has
successfully performed the corrective action if the applicant or licensee submits a request
for dismissal that documents the applicant's or licensee's successful performance of the
corrective action.
new text end

new text begin (d) An agreement under this subdivision is not disciplinary action. An agreement under
this section is public data under chapter 13.
new text end

new text begin (e) The board may assess a fee on an applicant or a licensee to reimburse the board for
costs related to the corrective action. The board must include a fee under this paragraph in
the corrective action agreement.
new text end

new text begin (f) If an applicant or a licensee fails to successfully perform the corrective action within
the time specified in the agreement, the matter may be resolved through any enforcement
action authorized under this section.
new text end

Sec. 37. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change the term "Board of Cosmetologist Examiners" to
"Board of Cosmetology" wherever the term appears in Minnesota Statutes.
new text end

Sec. 38. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, section 155A.275, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Laws 2017, First Special Session chapter 4, article 1, section 29, new text end new text begin is repealed.
new text end

ARTICLE 4

STATE GOVERNMENT MISCELLANEOUS

Section 1.

new text begin [16C.37] PAYROLL REPORTING PORTAL AND DATABASE.
new text end

new text begin Subdivision 1. new text end

new text begin Portal and database. new text end

new text begin No later than July 1, 2027, the commissioner shall
develop and maintain a payroll reporting portal and database capable of accepting and
retaining certified payrolls submitted in compliance with this section.
new text end

new text begin Subd. 2. new text end

new text begin Information required; availability to public. new text end

new text begin (a) Beginning July 1, 2027, and
by the 16th day of each month following the month the work was performed, the
commissioner must make available to the public on the department's website the information
required under section 177.30, paragraph (a), clause (6), except for the employee's name.
Nothing in this section limits application of section 13.43, subdivision 19.
new text end

new text begin (b) The database must be searchable by contractor name, project name, county in which
the work was performed, and project owner.
new text end

new text begin (c) The reporting portal must accept certified payroll forms provided by the commissioner
that are fillable and designed to accept electronic signatures.
new text end

new text begin Subd. 3. new text end

new text begin Portal registration. new text end

new text begin All projects covered by state prevailing wage requirements,
including but not limited to the requirements under sections 177.41, 177.42, 177.43, and
116J.871, subdivisions 2 and 3, must be registered in the portal by the project owner and
assigned an identifying project number prior to the commencement of work.
new text end

new text begin Subd. 4. new text end

new text begin Reporting and notice requirements. new text end

new text begin (a) All contractors covered by state
prevailing wage requirements, including but not limited to the requirements under sections
177.41, 177.42, 177.43, and 116J.871, subdivisions 2 and 3, must report the certified payroll
information required under subdivision 2 and section 177.30 to the commissioner.
new text end

new text begin (b) The commissioner must provide notice to the project owner when a report is made
by a contractor under this section.
new text end

new text begin Subd. 5. new text end

new text begin Fulfillment of other prevailing wage reporting
requirements. new text end

new text begin Notwithstanding section 177.43, subdivision 6, submission of certified
payrolls under this section fulfills the contractor reporting requirements under sections
177.30, paragraph (a), clause (6), and 177.43, subdivision 3, but does not diminish the
prevailing wage enforcement authority of the Department of Labor and Industry.
new text end

new text begin Subd. 6. new text end

new text begin Local governments and project owner opt-in. new text end

new text begin Local units of government and
project owners may opt-in to participation in the portal and database created under this
section for the purpose of collecting certified payroll in compliance with a local prevailing
wage ordinance or labor standards policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective July 1, 2026. Subdivisions 2 to 4 are
effective July 1, 2027, and apply to construction projects that begin on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: S4059-1

155A.275 SPECIAL EVENTS.

Subdivision 1.

Special event services.

For purposes of this section, "special event services" means services rendered for compensation and performed at a location other than a licensed salon. These services are limited to the practice of nonpermanent manipulation of the hair, including: styling, setting, reinforcing, or extending the hair; the application of nail polish to the nails; and the application of makeup to the skin.

Subd. 2.

Special event services permit.

(a) No person shall perform special event services without first obtaining a special event services permit from the board. To be eligible for a special event services permit, a person must have a valid manager's license issued by the board under the authority of section 155A.27.

(b) An individual applying for a special event services permit must submit to the board, on a form approved by the board, an application for a special event services permit.

(c) An individual providing services under a special event services permit may only perform services within the individual's specific field of licensure and as defined by the permit. The services provided pursuant to the special event services permit must comply with the requirements of this chapter and all federal, state, and local laws.

Repealed Minnesota Session Laws: S4059-1

Laws 2017, First Special Session chapter 4, article 1, section 29

Sec. 29. new text begin BOARD OF COSMETOLOGIST EXAMINERS new text end

new text begin $ new text end

new text begin 2,775,000 new text end

new text begin $ new text end

new text begin 2,785,000 new text end

new text begin The executive director must report quarterly to the chairs and ranking minority members of the committees in the house of representatives and senate with jurisdiction over state government finance on the number of inspections conducted by license type in the past quarter, number and percent of total salons and schools inspected within the last year, total number of licensees by type, and the number of inspectors employed by the board. The first report must be submitted by July 15, 2017. new text end

Repealed Minnesota Rule: S4059-1

2100.2500 EXAMINATION DATES.

Examinations for a certificate as a registered barber shall be held in the second week of February, May, August, and November of each year. Notice of the examination shall be given during the first week of the month preceding the month in which the examination is to be held. Two additional examinations may be held when the board determines it is cost efficient.

2100.2600 APPLICATION FOR EXAMINATION.

An applicant for examination as a registered barber shall file an application for examination on forms furnished by the board. This application must be filed with the board no later than the 20th day of the month preceding the month in which the examination is to be given; provided, however, that the board shall, upon the showing of a hardship, accept applications at a later date.

Applicants for registered barber status must complete the program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners before the examination may be taken.

2100.2900 CONTENTS OF EXAMINATION.

An examination consists of five parts: a written examination and four practical services. The type of haircut, shave or beard trim, and two of the following practical services: shampoo, perm wrap, facial, or color application, will be determined at the discretion of the board.

2100.3000 GRADING OF EXAMINATION.

The registered barber examinations given pursuant to Minnesota Statutes, section 154.09, shall be graded as follows: The grading criteria for the written part of the examination and the passing grade will be established for each written examination at the time of its preparation; however, the lowest passing grade established shall never be less than 55. The grading for the practical performances part of the examination will be on a scale of 1 to 100 with 100 representing a perfect score. A score of 75 will be the minimum passing grade for the haircut portion, and 75 will also be the minimum passing score for the average of the remaining parts of the practical performances. If an applicant does not receive at least the established minimum passing grade on the written portion of the examination, or at least a grade of 75 on the haircut portion of the examination, or score an average of at least 75 on the remaining parts of the practical examination, the applicant will have failed the examination, and may only retake the examination after paying the necessary fee and meeting the requirements of Minnesota Statutes, section 154.05.

2100.3200 FAILURE OF EXAMINATION.

An individual who has not held a Minnesota barber registration prior to examination and who fails the examination and onetime written retake, if applicable, shall complete an additional 500 hours of barber school to be eligible to retake the examination as many times as necessary to pass.

An individual who has previously held a Minnesota barber registration as an apprentice or registered barber may take the examination as many times as necessary to reinstate the registration without additional barber school hours.

2100.3300 FAILURE TO RENEW CERTIFICATE WITHIN FOUR YEARS.

A registered barber who has failed to renew the certificate of registration for four years or more from the date of expiration must complete the current program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners and take and pass the registered barber examination before a certificate of registration may be issued. Home Study Course for Barbers is required prior to examination for all examinees.

2100.4500 INSTRUCTOR REGISTRATION QUALIFICATION.

To qualify for an instructor's examination, an applicant must be a registered barber with three years' experience.

2100.5200 CONSIDERATIONS IN REGISTRATION ISSUANCE.

Subpart 1.

Factors.

Upon receipt of an application for establishment of a barber school, the board shall give consideration to the factors in subparts 2 and 5.

Subp. 2.

Public welfare.

The board shall give consideration to any detriment to the public welfare and the need for barber school facilities in the community and neighborhood where the proposed barber school is to be located, giving particular consideration to:

A.

the economic character of the community and neighborhood;

B.

the effect on existing barber shops and barber schools in the community;

C.

the availability of adequate support for the proposed barber school in the community and neighborhood with particular regard to adequate practice for students;

D.

the extent to which the proposed barber school would draw patrons from adjacent communities or neighborhoods and the character thereof; and

E.

the effect of the establishment of a barber school on the social and economic aspects of the community and neighborhood and adjacent communities and neighborhoods in regard to the proposed site.

Subp. 5.

Student-registered instructor ratio.

There must be at least one instructor for every 17 students enrolled.

2100.5300 PUBLIC HEARING ON REGISTRATION APPLICATION.

Upon receipt of an application for the establishment of a barber school, the board shall conduct a public hearing in accordance with Minnesota Statutes, chapter 14, and rules promulgated thereunder. The applicant shall show at such hearing, by competent evidence, the factual basis of the assertions of the application and the applicant's qualifications as required by Minnesota Statutes, chapter 154, and the rules of the board. The applicant shall further show financial qualifications and it shall be a sufficient reason for denial of the application that the board considers the financial resources of the applicant to be insufficient to maintain and operate a barber school and assure the graduation of students who are registered in such school and have paid their tuition.

2100.6000 HOURS OF INSTRUCTION.

Each student, including each part-time student, must complete at least 281 classroom hours and 1,219 practical hours in the required 1,500-hour course.