Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 27-H.F.No. 1650 
                  An act relating to cosmetology; providing for the 
                  transfer of regulatory oversight; modifying regulatory 
                  provisions; providing conforming changes; amending 
                  Minnesota Statutes 2004, sections 154.18; 154.22; 
                  155A.03, subdivision 4a; 155A.04; 155A.045, 
                  subdivision 1; 155A.08, subdivision 1; 155A.135; 
                  repealing Minnesota Statutes 2004, sections 155A.03, 
                  subdivision 13; 155A.06; Minnesota Rules, part 
                  2100.9300, subpart 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 154.18, is 
        amended to read: 
           154.18 [FEES.] 
           (a) The fees collected, as required in this chapter, 
        chapter 214, and the rules of the board, shall be paid in 
        advance by September 1 of the year in which they are due to the 
        executive secretary of the board.  The executive secretary shall 
        deposit the fees in the general fund in the state treasury, to 
        be disbursed by the executive secretary on the order of the 
        chair in payment of expenses lawfully incurred by the board. 
           (b) The board shall charge the following fees:  
           (1) examination and certificate, registered barber, $65; 
           (2) examination and certificate, apprentice, $60; 
           (3) examination, instructor, $160; 
           (4) certificate, instructor, $45; 
           (5) temporary teacher or apprentice permit, $50; 
           (6) renewal of license, registered barber, $50; 
           (7) renewal of license, apprentice, $45; 
           (8) renewal of license, instructor, $60; 
           (9) renewal of temporary teacher permit, $35; 
           (10) student permit, $25; 
           (11) initial shop registration, $60; 
           (12) initial school registration, $1,010; 
           (13) renewal shop registration, $60; 
           (14) renewal school registration, $260; 
           (15) restoration of registered barber license, $75; 
           (16) restoration of apprentice license, $70; 
           (17) restoration of shop registration, $85; 
           (18) change of ownership or location, $35; 
           (19) duplicate license, $20; and 
           (20) home study course, $75. 
           Sec. 2.  Minnesota Statutes 2004, section 154.22, is 
        amended to read: 
           154.22 [BOARD OF BARBER AND COSMETOLOGIST EXAMINERS 
        CREATED; TERMS.] 
           (a) A Board of Barber and Cosmetologist Examiners is 
        established to consist of three barber members, three 
        cosmetologist 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.  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. 
           (c) All cosmetologist members must be currently licensed in 
        the field of cosmetology in the state of Minnesota, have 
        practiced in the licensed occupation for at least five years 
        immediately prior to their appointment, be graduates from the 
        12th grade of high school or have equivalent education, and have 
        knowledge of sections 155A.01 to 155A.16 and Minnesota Rules, 
        chapters 2642 and 2644.  The cosmetologist members shall be 
        members of, or recommended by, a professional organization of 
        cosmetologists, manicurists, or estheticians. 
           (d) Membership terms, compensation of members, removal of 
        members, the filling of membership vacancies, and fiscal year 
        and reporting requirements shall 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 shall be as provided in chapter 214.
           (e) Members appointed to fill vacancies caused by death, 
        resignation, or removal shall serve during the unexpired term of 
        their predecessors. 
           (f) The barber members of the board shall separately 
        oversee administration, enforcement, and regulation of, and 
        adoption of rules under, sections 154.01 to 154.26.  The 
        cosmetologist members of the board shall separately oversee 
        administration, enforcement, and regulation of, and adoption of 
        rules under, sections 155A.01 to 155A.16.  Staff hired by the 
        board, including inspectors, shall serve both professions. 
           Sec. 3.  Minnesota Statutes 2004, section 155A.03, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [LICENSED PRACTICE.] "Licensed practice" means 
        the practice of cosmetology in a licensed salon or the practice 
        of an esthetician in connection with medical care in relation to 
        esthiology in a licensed physician's the office of a licensed 
        physician. 
           Sec. 4.  Minnesota Statutes 2004, section 155A.04, is 
        amended to read: 
           155A.04 [ADMINISTRATION.] 
           Subdivision 1.  [COMMISSIONER'S BOARD'S POWERS AND DUTIES; 
        GENERALLY.] The commissioner of commerce shall have board has 
        the power and duties necessary for the administration of the 
        provisions of this chapter.  
           Subd. 2.  [HIRING AND ASSIGNMENT OF EMPLOYEES.] The 
        commissioner shall have board has the authority to hire in the 
        classified service, or to assign to employees of the Department 
        of Commerce, qualified personnel in the classified service to 
        assist in administering the law, including those for the testing 
        and licensing of applicants and the continuing inspections 
        required.  
           Sec. 5.  Minnesota Statutes 2004, section 155A.045, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCHEDULE.] The fee schedule for licensees 
        is as follows: 
           (a) Three-year license fees: 
           (1) cosmetologist, manicurist, esthetician, $90 for each 
        initial license, and $60 for each renewal; 
           (2) instructor, manager, $120 for each initial license, and 
        $90 for each renewal; 
           (3) licensed physician's office, $130 for each initial 
        license, and $100 for each renewal; 
           (4) salon, $130 for each initial license, and $100 for each 
        renewal; and 
           (5) (4) school, $1,500. 
           (b) Penalties: 
           (1) reinspection fee, variable; and 
           (2) manager with lapsed practitioner, $25. 
           (c) Administrative fees: 
           (1) certificate of identification, $20; and 
           (2) school original application, $150. 
           (d) All fees established in this subdivision must be paid 
        to the executive secretary of the board on or before September 1 
        of the year in which they become due.  The executive secretary 
        of the board shall deposit the fees in the general fund in the 
        state treasury, to be disbursed by the executive secretary on 
        the order of the chair in payment of expenses lawfully incurred 
        by the board.  
           Sec. 6.  Minnesota Statutes 2004, section 155A.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSING.] Any person who offers 
        cosmetology services for compensation in this state shall be 
        licensed as a salon if not employed by another licensed salon or 
        as an esthetician in connection with medical care in relation to 
        esthiology in a licensed physician's area the office of a 
        licensed physician.  
           Sec. 7.  Minnesota Statutes 2004, section 155A.135, is 
        amended to read: 
           155A.135 [ENFORCEMENT.] 
           The provisions of section 45.027 154.161 apply to the 
        administration of sections 155A.01 to 155A.16. 
           Sec. 8.  [TRANSFER OF POWERS.] 
           All powers, duties, and obligations of the commissioner of 
        commerce in Minnesota Statutes, chapter 155A, are transferred to 
        the Board of Barber and Cosmetologist Examiners under Minnesota 
        Statutes, section 15.039, except as otherwise prescribed in this 
        act. 
           Sec. 9.  [REVISOR INSTRUCTION.] 
           The revisor shall:  (1) renumber Minnesota Statutes, 
        sections 154.18, 154.22, and 154.23, as Minnesota Statutes, 
        sections 154.003, 154.001, and 154.002, respectively; (2) 
        renumber Minnesota Statutes, chapter 155A, in Minnesota 
        Statutes, chapter 154, following Minnesota Statutes, section 
        154.26; and (3) correct references to these sections in 
        Minnesota Statutes and Minnesota Rules.  The revisor shall 
        delete "Board of Barber Examiners" and substitute "Board of 
        Barber and Cosmetologist Examiners" in Minnesota Rules and shall 
        delete "commissioner of commerce", "commissioner," and 
        "department" where it means the commissioner or Department of 
        Commerce, and substitute "board" or "Board of Barber and 
        Cosmetologist Examiners," as appropriate, in Minnesota Rules, 
        chapters 2642 and 2644.  The revisor shall renumber Minnesota 
        Rules, chapters 2642 and 2644, as chapters 2105 and 2110, 
        respectively, and shall correct references to the renumbered 
        parts and chapters. 
           Sec. 10.  [REPEALER.] 
           (a) Minnesota Statutes 2004, sections 155A.03, subdivision 
        13; and 155A.06, are repealed. 
           (b) Minnesota Rules, part 2100.9300, subpart 1, is repealed.
           Presented to the governor April 19, 2005 
           Signed by the governor April 22, 2005, 5:50 a.m.