1.1 	A bill for an act
1.2 	relating to cosmetology; providing for the transfer of
1.3 	regulatory oversight; modifying regulatory provisions;
1.4 	providing conforming changes; amending Minnesota
1.5 	Statutes 2004, sections 154.18; 154.22; 155A.03,
1.6 	subdivision 4a; 155A.04; 155A.045, subdivision 1;
1.7 	155A.08, subdivision 1; 155A.135; repealing Minnesota
1.8 	Statutes 2004, sections 155A.03, subdivision 13;
1.9 	155A.06; Minnesota Rules, part 2100.9300, subpart 1.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 154.18, is
1.12 	amended to read:
1.13 	154.18 FEES.
1.14 	(a) The fees collected, as required in this chapter,
1.15 	chapter 214, and the rules of the board, shall be paid in
1.16 	advance by September 1 of the year in which they are due to the
1.17 	executive secretary of the board.  The executive secretary shall
1.18 	deposit the fees in the general fund in the state treasury, to
1.19 	be disbursed by the executive secretary on the order of the
1.20 	chair in payment of expenses lawfully incurred by the board.
1.21 	(b) The board shall charge the following fees:
1.22 	(1) examination and certificate, registered barber, $65;
1.23 	(2) examination and certificate, apprentice, $60;
1.24 	(3) examination, instructor, $160;
1.25 	(4) certificate, instructor, $45;
1.26 	(5) temporary teacher or apprentice permit, $50;
1.27 	(6) renewal of license, registered barber, $50;
2.1 	(7) renewal of license, apprentice, $45;
2.2 	(8) renewal of license, instructor, $60;
2.3 	(9) renewal of temporary teacher permit, $35;
2.4 	(10) student permit, $25;
2.5 	(11) initial shop registration, $60;
2.6 	(12) initial school registration, $1,010;
2.7 	(13) renewal shop registration, $60;
2.8 	(14) renewal school registration, $260;
2.9 	(15) restoration of registered barber license, $75;
2.10 	(16) restoration of apprentice license, $70;
2.11 	(17) restoration of shop registration, $85;
2.12 	(18) change of ownership or location, $35;
2.13 	(19) duplicate license, $20; and
2.14 	(20) home study course, $75.

2.15 	Sec. 2. Minnesota Statutes 2004, section 154.22, is
2.16 	amended to read:
2.17 	154.22 BOARD OF BARBER AND COSMETOLOGIST EXAMINERS
2.18 	CREATED; TERMS.
2.19 	(a) A Board of Barber and Cosmetologist Examiners is
2.20 	established to consist of three barber members, three
2.21 	cosmetologist members, and one public member, as defined in
2.22 	section 214.02, appointed by the governor.
2.23 	(b) The barber members shall be persons who have practiced
2.24 	as registered barbers in this state for at least five years
2.25 	immediately prior to their appointment; shall be graduates from
2.26 	the 12th grade of a high school or have equivalent education,
2.27 	and shall have knowledge of the matters to be taught in
2.28 	registered barber schools, as set forth in section 154.07.  One
2.29 	of the barber members shall be a member of, or recommended by, a
2.30 	union of journeymen barbers that has existed at least two years,
2.31 	and one barber member shall be a member of, or recommended by, a
2.32 	professional organization of barbers.
2.33 	(c) All cosmetologist members must be currently licensed in
2.34 	the field of cosmetology in the state of Minnesota, have
2.35 	practiced in the licensed occupation for at least five years
2.36 	immediately prior to their appointment, be graduates from the
3.1 	12th grade of high school or have equivalent education, and have
3.2 	knowledge of sections 155A.01 to 155A.16 and Minnesota Rules,
3.3 	chapters 2642 and 2644.  The cosmetologist members shall be
3.4 	members of, or recommended by, a professional organization of
3.5 	cosmetologists, manicurists, or estheticians.
3.6 	(d) Membership terms, compensation of members, removal of
3.7 	members, the filling of membership vacancies, and fiscal year
3.8 	and reporting requirements shall be as provided in sections
3.9 	214.07 to 214.09.  The provision of staff, administrative
3.10 	services and office space; the review and processing of
3.11 	complaints; the setting of board fees; and other provisions
3.12 	relating to board operations shall be as provided in chapter 214.
3.13 	(e) Members appointed to fill vacancies caused by death,
3.14 	resignation, or removal shall serve during the unexpired term of
3.15 	their predecessors.
3.16 	(f) The barber members of the board shall separately
3.17 	oversee administration, enforcement, and regulation of, and
3.18 	adoption of rules under, sections 154.01 to 154.26.  The
3.19 	cosmetologist members of the board shall separately oversee
3.20 	administration, enforcement, and regulation of, and adoption of
3.21 	rules under, sections 155A.01 to 155A.16.  Staff hired by the
3.22 	board, including inspectors, shall serve both professions.

3.23 	Sec. 3. Minnesota Statutes 2004, section 155A.03,
3.24 	subdivision 4a, is amended to read:
3.25 		Subd. 4a.Licensed practice.  "Licensed practice" means
3.26 	the practice of cosmetology in a licensed salon or the practice
3.27 	of an esthetician in connection with medical care in relation to
3.28 	esthiology in a licensed physician's the office of a licensed
3.29 	physician.

3.30 	Sec. 4. Minnesota Statutes 2004, section 155A.04, is
3.31 	amended to read:
3.32 	155A.04 ADMINISTRATION.
3.33 	Subdivision 1.  [ COMMISSIONER'S BOARD'S POWERS AND DUTIES;
3.34 	GENERALLY.] The commissioner of commerce shall have board has 
3.35 	the power and duties necessary for the administration of the
3.36 	provisions of this chapter.
4.1 		Subd. 2.Hiring and assignment of employees. The
4.2 	commissioner shall have board has the authority to hire in the
4.3 	classified service, or to assign to employees of the Department
4.4 	of Commerce,qualified personnel in the classified service to
4.5 	assist in administering the law, including those for the testing
4.6 	and licensing of applicants and the continuing inspections
4.7 	required.

4.8 	Sec. 5. Minnesota Statutes 2004, section 155A.045,
4.9 	subdivision 1, is amended to read:
4.10 		Subdivision 1.Schedule.  The fee schedule for licensees
4.11 	is as follows:
4.12 	(a) Three-year license fees:
4.13 	(1) cosmetologist, manicurist, esthetician, $90 for each
4.14 	initial license, and $60 for each renewal;
4.15 	(2) instructor, manager, $120 for each initial license, and
4.16 	$90 for each renewal;
4.17 	(3) licensed physician's office, $130 for each initial
4.18 	license, and $100 for each renewal;
4.19 	(4) salon, $130 for each initial license, and $100 for each
4.20 	renewal; and
4.21 	(5) (4) school, $1,500.
4.22 	(b) Penalties:
4.23 	(1) reinspection fee, variable; and
4.24 	(2) manager with lapsed practitioner, $25.
4.25 	(c) Administrative fees:
4.26 	(1) certificate of identification, $20; and
4.27 	(2) school original application, $150.
4.28 	(d) All fees established in this subdivision must be paid
4.29 	to the executive secretary of the board on or before September 1
4.30 	of the year in which they become due.  The executive secretary
4.31 	of the board shall deposit the fees in the general fund in the
4.32 	state treasury, to be disbursed by the executive secretary on
4.33 	the order of the chair in payment of expenses lawfully incurred
4.34 	by the board.

4.35 	Sec. 6. Minnesota Statutes 2004, section 155A.08,
4.36 	subdivision 1, is amended to read:
5.1 		Subdivision 1.Licensing.  Any person who offers
5.2 	cosmetology services for compensation in this state shall be
5.3 	licensed as a salon if not employed by another licensed salon or
5.4 	as an esthetician in connection with medical care in relation to
5.5 	esthiology in a licensed physician's area the office of a
5.6 	licensed physician.

5.7 	Sec. 7. Minnesota Statutes 2004, section 155A.135, is
5.8 	amended to read:
5.9 	155A.135 ENFORCEMENT.
5.10 	The provisions of section 45.027 154.161 apply to the
5.11 	administration of sections 155A.01 to 155A.16.

5.12 	Sec. 8. TRANSFER OF POWERS.
 5.13 	All powers, duties, and obligations of the commissioner of
5.14 	commerce in Minnesota Statutes, chapter 155A, are transferred to
5.15 	the Board of Barber and Cosmetologist Examiners under Minnesota
5.16 	Statutes, section 15.039, except as otherwise prescribed in this
5.17 	act.

5.18 	Sec. 9. REVISOR INSTRUCTION.
 5.19 	The revisor shall:  (1) renumber Minnesota Statutes,
5.20 	sections 154.18, 154.22, and 154.23, as Minnesota Statutes,
5.21 	sections 154.003, 154.001, and 154.002, respectively; (2)
5.22 	renumber Minnesota Statutes, chapter 155A, in Minnesota
5.23 	Statutes, chapter 154, following Minnesota Statutes, section
5.24 	154.26; and (3) correct references to these sections in
5.25 	Minnesota Statutes and Minnesota Rules.  The revisor shall
5.26 	delete "Board of Barber Examiners" and substitute "Board of
5.27 	Barber and Cosmetologist Examiners" in Minnesota Rules and shall
5.28 	delete "commissioner of commerce", "commissioner," and
5.29 	"department" where it means the commissioner or Department of
5.30 	Commerce, and substitute "board" or "Board of Barber and
5.31 	Cosmetologist Examiners," as appropriate, in Minnesota Rules,
5.32 	chapters 2642 and 2644.  The revisor shall renumber Minnesota
5.33 	Rules, chapters 2642 and 2644, as chapters 2105 and 2110,
5.34 	respectively, and shall correct references to the renumbered
5.35 	parts and chapters.

5.36 	Sec. 10. REPEALER.
 6.1 	(a) Minnesota Statutes 2004, sections 155A.03, subdivision
6.2 	13; and 155A.06, are repealed.
6.3 	(b) Minnesota Rules, part 2100.9300, subpart 1, is repealed.