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SF 1055

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/29/2013 10:05am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 1st Engrossment

1.1A bill for an act
1.2relating to barbers; changing licenses and fees; creating penalties; appropriating
1.3money; amending Minnesota Statutes 2012, sections 154.001, by adding a
1.4subdivision; 154.003; 154.02; 154.05; 154.06; 154.065, subdivision 2; 154.07,
1.5subdivision 1; 154.08; 154.09; 154.10, subdivision 1; 154.11, subdivision 1;
1.6154.12; 154.14; 154.15, subdivision 2; 154.26; Laws 2011, First Special Session
1.7chapter 4, article 1, section 11; proposing coding for new law in Minnesota
1.8Statutes, chapter 154.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 154.001, is amended by adding a
1.11subdivision to read:
1.12    Subd. 4. Comprehensive examination. "Comprehensive examination" means all
1.13parts of a test administered by the board, including but not limited to written, oral, and
1.14practical components.

1.15    Sec. 2. Minnesota Statutes 2012, section 154.003, is amended to read:
1.16154.003 FEES.
1.17    (a) The fees collected, as required in this chapter, chapter 214, and the rules of the
1.18board, shall be paid to the board. The board shall deposit the fees in the general fund
1.19in the state treasury.
1.20    (b) The board shall charge the following fees:
1.21    (1) examination and certificate, registered barber, $85;
1.22(2) retake of written examination, registered barber, $10;
1.23    (2) (3) examination and certificate, apprentice, $80;
1.24(4) retake of written examination, apprentice, $10;
1.25    (3) (5) examination, instructor, $180;
2.1    (4) (6) certificate, instructor, $65;
2.2    (5) (7) temporary teacher or apprentice permit, $80;
2.3    (6) (8) renewal of license, registered barber, $80;
2.4    (7) (9) renewal of license, apprentice, $70;
2.5    (8) (10) renewal of license, instructor, $80;
2.6    (9) (11) renewal of temporary teacher permit, $65;
2.7    (10) (12) student permit, $45;
2.8(13) renewal of student permit, $25;
2.9    (11) (14) initial shop registration, $85;
2.10    (12) (15) initial school registration, $1,030;
2.11    (13) (16) renewal shop registration, $85;
2.12    (14) (17) renewal school registration, $280;
2.13    (15) (18) restoration of registered barber license, $95;
2.14    (16) (19) restoration of apprentice license, $90;
2.15    (17) (20) restoration of shop registration, $105;
2.16    (18) (21) change of ownership or location, $55;
2.17    (19) (22) duplicate license, $40; and
2.18    (20) (23) home study course, $95 $75;
2.19(24) letter of license verification, $25; and
2.20(25) reinspection, $100.

2.21    Sec. 3. Minnesota Statutes 2012, section 154.02, is amended to read:
2.22154.02 WHAT CONSTITUTES BARBERING.
2.23Any one or any combination of the following practices when done upon the head
2.24and neck for cosmetic purposes and not for the treatment of disease or physical or mental
2.25ailments and when done for payment directly or indirectly or without payment for the
2.26public generally constitutes the practice of barbering within the meaning of sections
2.27154.001 , 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26:
2.28to shave the face or neck, trim the beard, cut or bob the hair of any person of either sex
2.29for compensation or other reward received by the person performing such service or any
2.30other person; to give facial and scalp massage or treatments with oils, creams, lotions,
2.31or other preparations either by hand or mechanical appliances; to singe, shampoo the
2.32hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics, powders, oils,
2.33clays, or lotions to hair, scalp, face, or neck.

3.1    Sec. 4. Minnesota Statutes 2012, section 154.05, is amended to read:
3.2154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
3.3REGISTERED BARBER.
3.4A person is qualified to receive a certificate of registration as a registered barber:
3.5(1) who is qualified under the provisions of section 154.06;
3.6(2) who has practiced as a registered apprentice for a period of 12 months under the
3.7immediate personal supervision of a registered barber; and
3.8(3) who has passed an examination conducted by the board to determine fitness to
3.9practice barbering.
3.10An apprentice applicant for a certificate of registration to practice as a registered
3.11barber who fails to pass the comprehensive examination conducted by the board and
3.12who fails to pass a onetime retake of the written examination, shall continue to practice
3.13as an apprentice for an additional two months 300 hours before being again entitled to
3.14take eligible to retake the comprehensive examination for a registered barber as many
3.15times as necessary to pass.

3.16    Sec. 5. Minnesota Statutes 2012, section 154.06, is amended to read:
3.17154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
3.18REGISTERED APPRENTICE.
3.19A person is qualified to receive a certificate of registration as a registered apprentice:
3.20(1) who has completed at least ten grades of an approved school;
3.21(2) who has graduated from a barber school approved by the a barber board within
3.22the previous four years; and
3.23(3) who has passed an examination conducted by the board to determine fitness to
3.24practice as a registered apprentice. An applicant who graduated from a barber school
3.25approved by a barber board more than four years prior to application is required to
3.26complete a further course of study of at least 500 hours.
3.27An applicant for a an initial certificate of registration to practice as an apprentice,
3.28 who fails to pass the comprehensive examination conducted by the board, and who fails to
3.29pass a onetime retake of the written examination, is required to complete a further course
3.30of study of at least 500 hours, of not more than eight hours in any one working day, in a
3.31barber school approved by the board before being eligible to retake the comprehensive
3.32examination as many times as necessary to pass.
3.33A certificate of registration of an apprentice shall be valid for four years from the
3.34date the certificate of registration is issued by the board and shall not be renewed for a fifth
3.35year. During the four-year period the certificate of registration shall remain in full force
4.1and effect only if the apprentice complies with all the provisions of sections 154.001,
4.2154.002 , 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26, including
4.3the payment of an annual fee, and the rules of the board.
4.4If a registered apprentice, during the term in which the certificate of registration is in
4.5effect, enters full-time active duty in the armed forces of the United States of America,
4.6the expiration date of the certificate of registration shall be extended by a period of time
4.7equal to the period or periods of active duty.
4.8If a registered apprentice graduates from a barber school approved by the board and
4.9is issued a certificate of registration while incarcerated by the Department of Corrections
4.10of the Federal Bureau of Prisons, the expiration date of the certificate of registration shall
4.11be extended one time so that it expires four years from the date of first release from a
4.12correctional facility.

4.13    Sec. 6. Minnesota Statutes 2012, section 154.065, subdivision 2, is amended to read:
4.14    Subd. 2. Qualifications. A person is qualified to receive a certificate of registration
4.15as an instructor of barbering who:
4.16(1) is a graduate from of an approved high school, or its equivalent, as determined
4.17by examination by the Department of Education;
4.18(2) has qualified for a teacher's or instructor's vocational certificate; successfully
4.19completed vocational instructor training from a board-approved program or accredited
4.20college or university program that includes the following courses or their equivalents as
4.21determined by the board:
4.22(i) introduction to career and technical education training;
4.23(ii) philosophy and practice of career and technical education;
4.24(iii) course development for career and technical education;
4.25(iv) instructional methods for career and technical education; and
4.26(v) human relations;
4.27(3) is currently a registered barber and has at least three years experience as a
4.28registered barber in this state, or its equivalent as determined by the board; and
4.29(4) has passed an examination conducted by the board to determine fitness to
4.30instruct in barbering.
4.31A certificate of registration under this section is provisional until a teacher's or
4.32instructor's vocational certificate has been issued by the Department of Education. A
4.33provisional certificate of registration is valid for 30 days and is not renewable.

4.34    Sec. 7. Minnesota Statutes 2012, section 154.07, subdivision 1, is amended to read:
5.1    Subdivision 1. Admission requirements; course of instruction. No barber school
5.2shall be approved by the board unless it requires, as a prerequisite to admission, ten grades
5.3of an approved school or its equivalent, as determined by an examination conducted by
5.4the commissioner of education, which shall issue a certificate that the student has passed
5.5the required examination, and unless it requires, as a prerequisite to graduation, a course
5.6of instruction of at least 1,500 hours, of not more than eight hours in any one working day.
5.7The course of instruction must include the following subjects: scientific fundamentals
5.8for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of
5.9the head, face, and neck; elementary chemistry relating to sterilization and antiseptics;
5.10diseases of the skin, hair, and glands; massaging and manipulating the muscles of the face
5.11and neck; haircutting; shaving; trimming the beard; bleaching, tinting and dyeing the hair;
5.12and the chemical waving and straightening of hair.

5.13    Sec. 8. Minnesota Statutes 2012, section 154.08, is amended to read:
5.14154.08 APPLICATION; FEE.
5.15Each applicant for an examination shall:
5.16(1) make application to the Board of Barber Examiners on blank forms prepared and
5.17furnished by it, the application to contain proof under the applicant's oath of the particular
5.18qualifications and identity of the applicant;
5.19(2) furnish to the board two five-inch x three-inch signed photographs of the
5.20applicant, one to accompany the application and one to be returned to the applicant,
5.21to be presented to the board when the applicant appears for examination provide all
5.22documentation required in support of the application; and
5.23(3) pay to the board the required fee; and
5.24(4) present a government-issued photo identification as proof of identity upon
5.25application and when the applicant appears for examination.

5.26    Sec. 9. Minnesota Statutes 2012, section 154.09, is amended to read:
5.27154.09 EXAMINATIONS, CONDUCT AND SCOPE.
5.28The board shall conduct examinations of applicants for certificates of registration to
5.29practice as barbers and apprentices not more than six times each year, at such time and
5.30place as the board may determine. Additional written examinations may be scheduled
5.31by the board and conducted by board staff as designated by the board. The proprietor
5.32of a barber school must file an affidavit shall be filed with the board by the proprietor
5.33of a barber school that of hours completed by students applying to take the apprentice
6.1examination have completed. Students must complete 1,500 hours in a barber school
6.2registered with approved by the board.
6.3The examination of applicants for certificates of registration as barbers and
6.4apprentices shall include both a practical demonstration and a written and oral test and
6.5embrace. The examination must cover the subjects usually taught in barber schools
6.6registered with the board.

6.7    Sec. 10. Minnesota Statutes 2012, section 154.10, subdivision 1, is amended to read:
6.8    Subdivision 1. Application. Each applicant for an initial certificate of registration
6.9shall make application to the board on forms prepared and furnished by the board with
6.10proof under oath of the particular qualifications and identity of each applicant. This
6.11application shall be accompanied by a fee prescribed by law or the rules of the board to
6.12defray the expenses of making investigation and for the examination of such applicant.

6.13    Sec. 11. Minnesota Statutes 2012, section 154.11, subdivision 1, is amended to read:
6.14    Subdivision 1. Examination of nonresidents. A person who meets all of the
6.15requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01 to
6.16154.161 , 154.19 to 154.21, and 154.24 to 154.26 and either has a license, certificate
6.17of registration, or an equivalent as a practicing barber or instructor of barbering from
6.18another state or country which in the discretion of the board has substantially the same
6.19requirements for registering barbers and instructors of barbering as required by sections
6.20154.001 , 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 or
6.21can prove by sworn affidavits practice as a barber or instructor of barbering in another
6.22state or country for at least five years immediately prior to making application in this state,
6.23shall, upon payment of the required fee, be issued a certificate of registration without
6.24examination, provided that the other state or country grants the same privileges to holders
6.25of Minnesota certificates of registration.

6.26    Sec. 12. Minnesota Statutes 2012, section 154.12, is amended to read:
6.27154.12 EXAMINATION OF NONRESIDENT APPRENTICES.
6.28A person who meets all of the requirements for registration as a barber in sections
6.29154.001 , 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and
6.30who has a license, a certificate of registration, or its equivalent as an apprentice in a state
6.31or country which in the discretion of the board has substantially the same requirements for
6.32registration as an apprentice as is provided by sections 154.001, 154.002, 154.003, 154.01
6.33to 154.161, 154.19 to 154.21, and 154.24 to 154.26, shall, upon payment of the required
7.1fee, be issued a certificate of registration without examination, provided that the other state
7.2or country grants the same privileges to holders of Minnesota certificates of registration.

7.3    Sec. 13. Minnesota Statutes 2012, section 154.14, is amended to read:
7.4154.14 CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS
7.5TO BE DISPLAYED.
7.6Every holder of a certificate of registration as a registered barber or registered
7.7apprentice or temporary apprentice permit shall display it the certificate or permit, with a
7.8photograph of the certificate or permit holder that meets the same standards as required for
7.9a United States passport, in a conspicuous place adjacent to or near the chair where work
7.10is performed. Every holder of a certificate of registration as an instructor of barbering or
7.11as a barber school, of a temporary permit as an instructor of barbering, shall display the
7.12certificate or permit, with a photograph of the certificate or permit holder that meets the
7.13same standards as required for a United States passport, in a conspicuous place accessible
7.14to the public. Every holder of a certificate of registration as a barber school and of a shop
7.15registration card shall display it in a conspicuous place accessible to the public.

7.16    Sec. 14. Minnesota Statutes 2012, section 154.15, subdivision 2, is amended to read:
7.17    Subd. 2. Effect of failure to renew. A registered barber or a registered apprentice
7.18who has not renewed a certificate of registration may be reinstated within one year four
7.19years of such failure to renew without examination upon the payment of the required
7.20restoration fee for each year the certificate is lapsed. A registered instructor of barbering
7.21who has not renewed a certificate of registration may be reinstated within three four years
7.22of such failure to renew without examination upon payment of the required restoration fee
7.23 for each year the certificate is lapsed. All registered barbers and registered apprentices
7.24who allow their certificates of registration to lapse for more than one year four years shall
7.25be required to reexamine before being issued a certificate of registration. All registered
7.26instructors of barbering who allow their certificates of registration to lapse for more
7.27than three four years shall be required to reexamine before being issued a certificate of
7.28registration. A barber shop owner who has not renewed the barber shop certificate for more
7.29than one year may reinstate the barber shop registration upon payment of the restoration
7.30fee for each year the shop card was lapsed. If lapsed or unlicensed status is discovered by
7.31the barber inspector during inspection, penalties under section 154.162 shall apply.

7.32    Sec. 15. [154.162] ADMINISTRATIVE PENALTIES.
7.33The board shall impose and collect the following penalties:
8.1(1) missing or lapsed shop registration discovered upon inspection; penalty imposed
8.2on shop owner: $500;
8.3(2) unlicensed or unregistered apprentice or registered barber, first occurrence
8.4discovered upon inspection; penalty imposed on shop owner and unlicensed or
8.5unregistered individual: $500; and
8.6(3) unlicensed or unregistered apprentice or registered barber, second occurrence
8.7discovered upon inspection; penalty imposed on shop owner and unlicensed or
8.8unregistered individual: $1,000.

8.9    Sec. 16. Minnesota Statutes 2012, section 154.26, is amended to read:
8.10154.26 MUNICIPALITIES MAY REGULATE HOURS; REGULATION
8.11AUTHORIZED.
8.12The governing body of any city of this state may regulate by ordinance the opening
8.13and closing hours of barber shops within its municipal limits in addition to all other
8.14applicable local regulations.

8.15    Sec. 17. [154.27] MISREPRESENTATION.
8.16No person shall represent themselves to the public, solicit business, advertise as a
8.17licensed barber or as operating a licensed barber shop, use the title or designation of barber
8.18or barber shop, engage in any other act or practice that would create the impression to
8.19members of the public that the person is a licensed barber or is operating a licensed barber
8.20shop unless the person holds the appropriate license under this chapter. Violation of this
8.21section is a petty misdemeanor.

8.22    Sec. 18. [154.28] SYMBOLS; BARBER POLE.
8.23No person shall place a barber pole in a location that would create or tend to create
8.24the impression to the public that the business is a barber shop unless the operator holds a
8.25valid license under this chapter. For the purposes of this section, "barber pole" means a
8.26red and white or red, white, and blue striped vertical cylinder commonly recognized as a
8.27barber pole. Violation of this section is a petty misdemeanor.

8.28    Sec. 19. Laws 2011, First Special Session chapter 4, article 1, section 11, is amended to
8.29read:
8.30
Sec. 11. BOARD OF BARBER EXAMINERS
$
257,000
$
257,000 317,000
8.31EFFECTIVE DATE.This section is effective the day following final enactment.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569