COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 365

(By Senator Redd)

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[Originating in the Committee on Government Organization;

reported February 25, 2000.]

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A BILL to amend and reenact sections three and four, article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to barbers and cosmetologists; establishing a barber permanent wave license; and waiving renewal license fees for certain barbers and cosmetologists.

Be it enacted by the Legislature of West Virginia:
That sections three and four, article twenty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-3. Qualifications of applicants; fees; examinations; licensure; waiving examination requirement for certain persons.

(a) An applicant for licensure as a barber, beautician or manicurist shall present satisfactory evidence that he or she is at least eighteen years of age, of good moral character and temperate habits, has completed at least the eighth grade of school, or the equivalent thereof, and has been graduated from a school of barbering or beauty culture approved by the state board of barbers and beauticians, or in the case of a manicurist has successfully completed an approved course in manicuring in such a school, and shall transmit with his or her application an examination fee of twenty-five dollars.
The examination shall be of such character as to determine the qualifications and fitness of the applicant to practice barbering, beauty culture or manicuring as defined by this article, and shall cover such subjects germane to the inquiry as the board may deem consider proper.
If an applicant for licensure as a barber or beautician successfully passes such examination and presents a certificate of health from a licensed physician and is otherwise qualified as required by this section, the board shall license the applicant as a duly qualified barber or beautician. Any applicant for license as a manicurist may be licensed as a duly qualified manicurist after he or she has passed the examination. The board shall charge twenty-five dollars for the issuance of a license.
(b) The state board of barbers and beauticians shall promulgate rules and regulations to establish a joint barber-beautician license.
(c) Any person who meets the requirements of this section as to age, character and health, who is a graduate of a recognized school of barbering or beauty culture in another state, or has successfully completed an approved course in manicuring in such a school, and who holds a current license as a registered barber, beautician or manicurist in another state, may file with the board an application for licensure without examination, together with a fee of fifty dollars. If in the opinion of the board, such applicant has had a prescribed course of instruction in barbering, beauty culture or manicuring equivalent to that required in this state at the time such course was completed, or is otherwise properly qualified, the board may without examination issue to such applicant a license as a duly qualified barber, beautician or manicurist.
(d) On or before the first day of January, two thousand, any person who meets the requirements of this section as to age, character and health, who is a graduate of a recognized school of barbering, and who holds a current license as a registered barber in this state, may file with the board an application for licensure as a duly qualified barber permanent wave without examination, together with a fee of twenty-five dollars. The license shall be granted by the board, without examination, upon receipt of the fee, application and appropriate documentation as to the training in barber permanent wave.
§30-27-4. Renewal of license; fee; penalty for late renewal; waiver of license fee for certain licensees; withdrawal from active practice.

Every licensed barber, beautician or manicurist who desires to continue in active practice or service shall, annually upon or before the first day of January, renew his or her license and pay an annual renewal fee of twenty-five dollars. For any renewal which is more than thirty days late, a penalty of five dollars shall be added to the regular renewal fee, and an additional five dollar penalty for each successive thirty-day period said renewal fee is late, not to exceed a total renewal fee of two hundred five dollars.
Annual renewal fees for any licensed barber, beautician or manicurist who has been licensed for fifty years or more are hereby waived.
Any license not renewed for three successive years shall be deemed considered inactive and shall not be liable for additional renewal fees, but may be reactivated by written request to the board and payment of any accrued unpaid renewal fees, not to exceed a total renewal fee of two hundred five dollars. Every licensed barber, beautician or manicurist who does not desire to continue in active practice shall notify the board in writing, and shall, during such period, be listed by the board as being inactive and shall not be required to renew his or her license until such time as he or she shall again become active, and during such inactive period he or she shall not be liable for any renewal fees.