Senate Bill No. 577
(By Senator Sypolt, By Request)
____________
[Introduced February 5, 2008; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
____________
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.