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Introduced Version Senate Bill 577 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 577

(By Senator Sypolt, By Request)

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[Introduced February 5, 2008; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact §30-27-3, §30-27-4, §30-27-5 and §30-27-10a of the Code of West Virginia, 1931, as amended, all relating to fees and licensing for barbers and cosmetologists.

Be it enacted by the Legislature of West Virginia:
That §30-27-3, §30-27-4, §30-27-5 and §30-27-10a of the Code of West Virginia, 1931, 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.

(a) An applicant for licensure as a barber, beautician cosmetologist, aesthetician, or manicurist shall present satisfactory evidence that he or she:
(1) Is at least eighteen years of age, of good moral character and temperate habits;
(2) Has completed at least the eighth grade of school, or the equivalent thereof, and
(3) Has been graduated from a school of barbering or beauty culture cosmetology approved by the state board of barbers and beauticians cosmetologists, or in the case of a manicurist or aesthetician has successfully completed an approved a course in manicuring or aesthetics in such a an approved school, and shall transmit with his or her application an examination fee of twenty-five fifty dollars. The examination shall be of such character as to determine the qualifications and fitness of the applicant to practice barbering, beauty culture cosmetologist, manicuring, or aesthetics as defined by this article, and shall cover such include subjects germane related to the inquiry examination as the board may deem consider proper. If an applicant for licensure as a barber or beautician cosmetologist successfully passes such the 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 licensure as a manicurist or aesthetician may be licensed as a duly qualified manicurist or aesthetician after he or she has passed the examination. The board shall charge twenty-five fifty dollars for the issuance of a license.
The state board of barbers and beauticians shall promulgate rules and regulations to establish a joint barber-beautician license.
Any person who meets the requirements of this section as to age, character and health, who is a graduate of a recognized an approved school of barbering or beauty culture cosmetology in another state, or has successfully completed an approved a course in manicuring or aesthetics in such an approved school, and who holds a current license as a registered barber, beautician cosmetologist, or aesthetician; or manicurist in another state, may file with the board an application for licensure without examination, together with a fee of fifty one hundred dollars. If in the opinion of the board such the applicant has had a prescribed course of instruction in barbering, beauty culture cosmetology, or manicuring, or aesthetics equivalent to that required in this state at the time such the course was completed, or is otherwise properly qualified, the board may without examination issue to such the applicant a license as a duly qualified barber, beautician cosmetologist, or manicurist, or aesthetician.
§30-27-4. Renewal of license; fee; penalty for late renewal; withdrawal from active practice.

Every licensed barber, beautician cosmetologist, or manicurist or aesthetician 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 thirty 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 the renewal fee is late, not to exceed a total renewal fee of two hundred five dollars. 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 cosmetologist, or manicurist, or aesthetician who does not desire to continue in active practice shall notify the board in writing, and shall, during such that 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 the inactive period he or she shall not be liable for any renewal fees.
§30-27-5. Student's permit; qualifications; fee.

All students, before entering upon their studies in approved schools of barbering or beauty culture cosmetology in this state, shall apply for and receive a student's permit from the board. The application shall be upon forms provided by the board and shall include a health certificate from a duly licensed physician. An applicant for licensure as a student shall present satisfactory evidence that he or she is at least seventeen years of age, of good moral character and temperate habits, and has completed at least the eighth grade of school or the equivalent thereof. Upon receipt of a fee of five twenty-five dollars, the board shall license each qualified applicant as a student barber, beautician cosmetologist, or manicurist, or aesthetician and shall issue the appropriate student's permit, which shall be good valid during the prescribed period of study for such each student. A student may perform any or all acts constituting barbering, beauty culture cosmetology, or manicuring, or aesthetics in a school of barbering or beauty culture cosmetology under the immediate supervision of a registered instructor, but not otherwise.
§30-27-10a. Booth or chair rental; registration; fee; reporting requirements.

All persons licensed to practice as a barber, beautician cosmetologist, or manicurist, or aesthetician in this state who elects to rent or lease a booth or chair from an owner or operator of any barber or beauty shop shall first register with the board of barbers and beauticians cosmetologists and pay a registration fee of ten dollars. When registering, the registrant shall advise the board of the length of any rental or lease agreement, the name of the person and barber or beauty shop from which a chair or booth is being rented or leased, and the effective date of such the rental. If a person registered with the board pursuant to this section elects to move from one barber or beauty shop to rent or lease a chair or booth from another barber or beauty shop, he or she shall again register with the board and pay a fee of two five dollars. and fifty cents
Each owner or operator of a barber or beauty shop who elects to rent or lease chairs or booths therein shall notify the board in writing of such rental within ten days of the effective date of the rental.
The board shall quarterly notify the state Tax Commissioner of all persons registered pursuant to this section during the previous quarter. Such The notice shall be in writing and shall include the name of the persons registered, the name of the person and barber or beauty shop from whom space is being rented or leased, and the length of any such rental or lease agreement.



NOTE: The purpose of this bill is to change the terminology to current usage and raise fees for licenses and renewals.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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