SF 1055

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

A bill for an act
relating to barbers; changing licenses and fees; creating penalties; appropriating
money; amending Minnesota Statutes 2012, sections 154.001, by adding a
subdivision; 154.003; 154.02; 154.05; 154.06; 154.065, subdivision 2; 154.07,
subdivision 1; 154.08; 154.09; 154.10, subdivision 1; 154.11, subdivision 1;
154.12; 154.14; 154.15, subdivision 2; 154.26; Laws 2011, First Special Session
chapter 4, article 1, section 11; proposing coding for new law in Minnesota
Statutes, chapter 154.

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

Section 1.

Minnesota Statutes 2012, section 154.001, is amended by adding a
subdivision to read:

Subd. 4.

Comprehensive examination.

"Comprehensive examination" means all
parts of a test administered by the board, including but not limited to written, oral, and
practical components.

Sec. 2.

Minnesota Statutes 2012, 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) examination and certificate, registered barber, $85;

(2) retake of written examination, registered barber, $10;

(2) (3) examination and certificate, apprentice, $80;

(4) retake of written examination, apprentice, $10;

(3) (5) examination, instructor, $180;

(4) (6) certificate, instructor, $65;

(5) (7) temporary teacher or apprentice permit, $80;

(6) (8) renewal of license, registered barber, $80;

(7) (9) renewal of license, apprentice, $70;

(8) (10) renewal of license, instructor, $80;

(9) (11) renewal of temporary teacher permit, $65;

(10) (12) student permit, $45;

(13) renewal of student permit, $25;

(11) (14) initial shop registration, $85;

(12) (15) initial school registration, $1,030;

(13) (16) renewal shop registration, $85;

(14) (17) renewal school registration, $280;

(15) (18) restoration of registered barber license, $95;

(16) (19) restoration of apprentice license, $90;

(17) (20) restoration of shop registration, $105;

(18) (21) change of ownership or location, $55;

(19) (22) duplicate license, $40; and

(20) (23) home study course, $95 $75;

(24) letter of license verification, $25; and

(25) reinspection, $100.

Sec. 3.

Minnesota Statutes 2012, section 154.02, is amended to read:

154.02 WHAT CONSTITUTES BARBERING.

Any one or any combination of the following practices when done upon the head
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 sections
154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26:
to shave the face or neck, trim the beard, cut or bob 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 or treatments 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.

Sec. 4.

Minnesota Statutes 2012, section 154.05, is amended to read:

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

A person is qualified to receive a certificate of registration as a registered barber:

(1) who is qualified under the provisions of section 154.06;

(2) who has practiced as a registered apprentice for a period of 12 months under the
immediate personal supervision of a registered barber; and

(3) who has passed an examination conducted by the board to determine fitness to
practice barbering.

An apprentice 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 continue to practice
as an apprentice for an additional two months 300 hours before being again entitled to
take eligible to retake the comprehensive examination for a registered barber as many
times as necessary to pass.

Sec. 5.

Minnesota Statutes 2012, section 154.06, is amended to read:

154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED APPRENTICE.

A person is qualified to receive a certificate of registration as a registered apprentice:

(1) who has completed at least ten grades of an approved school;

(2) who has graduated from a barber school approved by the a barber board within
the previous four years; and

(3) who has passed an examination conducted by the board to determine fitness to
practice as a registered apprentice. An applicant who graduated from a barber school
approved by a barber board more than four years prior to application is required to
complete a further course of study of at least 500 hours.

An applicant for a an initial certificate of registration to practice as an apprentice,
who fails to pass the comprehensive examination conducted by the board, and who fails to
pass a onetime retake of the written examination, is required to complete a further course
of study of at least 500 hours, of not more than eight hours in any one working day, in a
barber school approved by the board before being eligible to retake the comprehensive
examination as many times as necessary to pass.

A certificate of registration of an apprentice shall be valid for four years from the
date the certificate of registration is issued by the board and shall not be renewed for a fifth
year. During the four-year period the certificate of registration shall remain in full force
and effect only if the apprentice complies with all the provisions of sections 154.001,
154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26, including
the payment of an annual fee, and the rules of the board.

If a registered apprentice, during the term in which the certificate of registration is in
effect, enters full-time active duty in the armed forces of the United States of America,
the expiration date of the certificate of registration shall be extended by a period of time
equal to the period or periods of active duty.

If a registered apprentice graduates from a barber school approved by the board and
is issued a certificate of registration while incarcerated by the Department of Corrections
of the Federal Bureau of Prisons, the expiration date of the certificate of registration shall
be extended one time so that it expires four years from the date of first release from a
correctional facility.

Sec. 6.

Minnesota Statutes 2012, section 154.065, subdivision 2, is amended to read:

Subd. 2.

Qualifications.

A person is qualified to receive a certificate of registration
as an instructor of barbering who:

(1) is a graduate from of an approved high school, or its equivalent, as determined
by examination by the Department of Education;

(2) has qualified for a teacher's or instructor's vocational certificate; successfully
completed vocational instructor training from a board-approved program or accredited
college or university program that includes the following courses or their equivalents as
determined by the board:

(i) introduction to career and technical education training;

(ii) philosophy and practice of career and technical education;

(iii) course development for career and technical education;

(iv) instructional methods for career and technical education; and

(v) human relations;

(3) is currently a registered barber and has at least three years experience as a
registered barber in this state, or its equivalent as determined by the board; and

(4) has passed an examination conducted by the board to determine fitness to
instruct in barbering.

A certificate of registration under this section is provisional until a teacher's or
instructor's vocational certificate has been issued by the Department of Education. A
provisional certificate of registration is valid for 30 days and is not renewable.

Sec. 7.

Minnesota Statutes 2012, 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 it requires, as a prerequisite to admission, ten grades
of an approved school or its equivalent, as determined by 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, as a prerequisite to graduation, a course
of instruction of at least 1,500 hours, of not more than eight hours 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 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. 8.

Minnesota Statutes 2012, section 154.08, is amended to read:

154.08 APPLICATION; FEE.

Each applicant for an examination shall:

(1) make application to the Board of Barber Examiners on blank forms prepared and
furnished by it, the application to contain proof under the applicant's oath of the particular
qualifications and identity of the applicant;

(2) furnish to the board two five-inch x three-inch signed photographs of the
applicant, one to accompany the application and one to be returned to the applicant,
to be presented to the board when the applicant appears for examination provide all
documentation required in support of the application; and

(3) pay to the board the required fee; and

(4) present a government-issued photo identification as proof of identity upon
application and when the applicant appears for examination.

Sec. 9.

Minnesota Statutes 2012, section 154.09, is amended to read:

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

The board shall conduct examinations of applicants for certificates of registration to
practice as barbers and apprentices not more than six times each year, at such time and
place as the board may determine. Additional written examinations may be scheduled
by the board and conducted by board staff as designated by the board. The proprietor
of a barber school must file an affidavit shall be filed with the board by the proprietor
of a barber school that of hours completed by students applying to take the apprentice
examination have completed. Students must complete 1,500 hours in a barber school
registered with approved by the board.

The examination of applicants for certificates of registration as barbers and
apprentices shall include both a practical demonstration and a written and oral test and
embrace. The examination must cover the subjects usually taught in barber schools
registered with the board.

Sec. 10.

Minnesota Statutes 2012, section 154.10, subdivision 1, is amended to read:

Subdivision 1.

Application.

Each applicant for an initial certificate of registration
shall make application to the board on forms prepared and furnished by the board with
proof under oath of the particular qualifications and identity of each applicant. This
application shall be accompanied by a fee prescribed by law or the rules of the board to
defray the expenses of making investigation and for the examination of such applicant.

Sec. 11.

Minnesota Statutes 2012, section 154.11, subdivision 1, is amended to read:

Subdivision 1.

Examination of nonresidents.

A person who meets all of the
requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01 to
154.161, 154.19 to 154.21, and 154.24 to 154.26 and either has a license, certificate
of registration, or an equivalent as a practicing barber or instructor of barbering from
another state or country which in the discretion of the board has substantially the same
requirements for registering barbers and instructors of barbering as required by sections
154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 or
can prove by sworn affidavits practice as a barber or instructor of barbering in another
state or country for at least five years immediately prior to making application in this state,
shall, upon payment of the required fee, be issued a certificate of registration without
examination, provided that the other state or country grants the same privileges to holders
of Minnesota certificates of registration.

Sec. 12.

Minnesota Statutes 2012, section 154.12, is amended to read:

154.12 EXAMINATION OF NONRESIDENT APPRENTICES.

A person who meets all of the requirements for registration as a barber in sections
154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and
who has a license, a certificate of registration, or its equivalent as an apprentice in a state
or country which in the discretion of the board has substantially the same requirements for
registration as an apprentice as is provided by sections 154.001, 154.002, 154.003, 154.01
to 154.161, 154.19 to 154.21, and 154.24 to 154.26, shall, upon payment of the required
fee, be issued a certificate of registration without examination, provided that the other state
or country grants the same privileges to holders of Minnesota certificates of registration.

Sec. 13.

Minnesota Statutes 2012, section 154.14, is amended to read:

154.14 CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS
TO BE DISPLAYED.

Every holder of a certificate of registration as a registered barber or registered
apprentice or temporary apprentice permit shall display it the certificate or permit, with a
photograph of the certificate or permit holder that meets the same standards as required for
a United States passport, in a conspicuous place adjacent to or near the chair where work
is performed. Every holder of a certificate of registration as an instructor of barbering or
as a barber school, of a temporary permit as an instructor of barbering, shall display the
certificate or permit, with a photograph of the certificate or permit holder that meets the
same standards as required for a United States passport, in a conspicuous place accessible
to the public. Every holder of a certificate of registration as a barber school and of a shop
registration card shall display it in a conspicuous place accessible to the public.

Sec. 14.

Minnesota Statutes 2012, section 154.15, subdivision 2, is amended to read:

Subd. 2.

Effect of failure to renew.

A registered barber or a registered apprentice
who has not renewed a certificate of registration may be reinstated within one year four
years of such failure to renew without examination upon the payment of the required
restoration fee for each year the certificate is lapsed. A registered instructor of barbering
who has not renewed a certificate of registration may be reinstated within three four years
of such failure to renew without examination upon payment of the required restoration fee
for each year the certificate is lapsed. All registered barbers and registered apprentices
who allow their certificates of registration to lapse for more than one year four years shall
be required to reexamine before being issued a certificate of registration. All registered
instructors of barbering who allow their certificates of registration to lapse for more
than three four years shall be required to reexamine before being issued a certificate of
registration. A barber shop owner who has not renewed the barber shop certificate for more
than one year may reinstate the barber shop registration upon payment of the restoration
fee for each year the shop card was lapsed. If lapsed or unlicensed status is discovered by
the barber inspector during inspection, penalties under section 154.162 shall apply.

Sec. 15.

[154.162] ADMINISTRATIVE PENALTIES.

The board shall impose and collect the following penalties:

(1) missing or lapsed shop registration discovered upon inspection; penalty imposed
on shop owner: $500;

(2) unlicensed or unregistered apprentice or registered barber, first occurrence
discovered upon inspection; penalty imposed on shop owner and unlicensed or
unregistered individual: $500; and

(3) unlicensed or unregistered apprentice or registered barber, second occurrence
discovered upon inspection; penalty imposed on shop owner and unlicensed or
unregistered individual: $1,000.

Sec. 16.

Minnesota Statutes 2012, section 154.26, is amended to read:

154.26 MUNICIPALITIES MAY REGULATE HOURS; REGULATION
AUTHORIZED.

The governing body of any city of this state may regulate by ordinance the opening
and closing hours of barber shops within its municipal limits in addition to all other
applicable local regulations.

Sec. 17.

[154.27] MISREPRESENTATION.

No person shall represent themselves to the public, solicit business, advertise as a
licensed barber or as operating a licensed barber shop, use the title or designation of barber
or barber shop, engage in any other act or practice that would create the impression to
members of the public that the person is a licensed barber or is operating a licensed barber
shop unless the person holds the appropriate license under this chapter. Violation of this
section is a petty misdemeanor.

Sec. 18.

[154.28] SYMBOLS; BARBER POLE.

No person shall place a barber pole in a location that would create or tend to create
the impression to the public that the business is a barber shop unless the operator holds a
valid license under this chapter. For the purposes of this section, "barber pole" means a
red and white or red, white, and blue striped vertical cylinder commonly recognized as a
barber pole. Violation of this section is a petty misdemeanor.

Sec. 19.

Laws 2011, First Special Session chapter 4, article 1, section 11, is amended to
read:

Sec. 11. BOARD OF BARBER EXAMINERS

$

257,000

$

257,000 317,000

EFFECTIVE DATE.

This section is effective the day following final enactment.