Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 465 of the Regular Session
 State of Arkansas               As Engrossed:      S3/1/23 H3/27/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 322
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 By: Senator Irvin
 By: Representatives Steimel, L. Johnson, Wardlaw
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                                   For An Act To Be Entitled
                 AN ACT TO AMEND THE DUTIES OF THE STATE BOARD OF
                 BARBER EXAMINERS; TO AID IN THE ADMINISTRATION OF THE
                 STATE'S BARBER LAWS; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE DUTIES OF THE STATE BOARD OF
                         BARBER EXAMINERS; AND TO AID IN THE
                         ADMINISTRATION OF THE STATE'S BARBER
                         LAWS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       Arkansas Code § 17-20-102 is amended to read as follows:
         17-20-102.       Definitions.
         (a)   As used in this chapter, unless the context otherwise requires,:
                 (1)     “Barber” means an individual who practices barbering;
                 (2)     “Barber pole” means any version or likeness of the
 traditional symbol used to identify a barbershop, customarily composed of a
 vertical cylinder or pole with a ball on top, alternating stripes of any
 combination of colors including red and white, and red, white, and blue,
 which run diagonally along all or part of the length of the cylinder or pole;
                 (3)(A)     “Barbering” “barbering” means any one (1) or any
 combination of the following practices when performed for cosmetic purposes
 and done for the public generally for pay or other compensation, either
 directly or indirectly in any location defined as a barber shop:
                 (1) (i)     Shaving or trimming the beard;
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     As Engrossed:       S3/1/23 H3/27/23                                              SB322
               (2) (ii)       Cutting hair;
               (3) (iii)       Giving facial and scalp massage or application of
 oils, creams, lotions, or other preparations, either by hand or mechanical
 appliances;
               (4) (iv)       Singeing, shampooing, or applying chemicals; and or
               (5) (v)        Applying cosmetic preparations, antiseptics, powders,
 oils, clays, or lotions to the scalp, face, or neck.
                        (B)    “Barbering” does not include the practices described
 in subdivision (a)(3)(A) of this section when done for the treatment of
 physical or mental ailments or diseases; and
               (4)    “Barbershop” means an establishment in which barbering is
 practiced.
      (b)     Use of the traditional symbol known as the “barber pole”, which is
 composed of a vertical cylinder or pole with a ball on top, with alternating
 stripes of any combination including red and white, and red, white, and blue,
 which run diagonally along the length of the cylinder or pole, or any
 likeness thereof, with the intent to mislead the public in any manner that
 would make the public believe that barbering was being practiced in or that a
 licensed barber was employed in an establishment that does not employ barbers
 is prohibited.
      (c)     Such practices when done for the treatment of physical or mental
 ailments or diseases shall not constitute barbering.
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      SECTION 2.        Arkansas Code § 17-20-201(a)(3) and (4), concerning the
 composition of the State Board of Barber Examiners, are amended to read as
 follows:
               (3)(A)     One (1) member appointed by the Governor will shall be a
 public member to represent the consumer, and one (1) member appointed by the
 Governor to shall represent persons sixty-five (65) years of age and older.
                        (B)    The two (2) members appointed under this subdivision
 (a)(3)(A) of this section shall be full voting members but shall not:
                                (i)     Be be actively engaged in or retired from the
 barbering profession.;
                                (ii)    Be The two (2) positions may not be held by the
 same person.; or
                                (iii)    Participate Both shall be full voting members
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     As Engrossed:        S3/1/23 H3/27/23                                         SB322
 but shall not participate in the grading of practical examinations.
                (4)    The five (5) members shall be appointed in such manner that
 two (2) of them shall reside in the geographical area north of I-40, two (2)
 shall reside in the geographical area south of I-40, and one (1) shall be
 appointed from the state at large.
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       SECTION 3.       Arkansas Code § 17-20-203(a)(1), concerning the Director of
 the State Board of Barber Examiners, is amended to read as follows:
       (a)(1)     The State Board of Barber Examiners in consultation with the
 Secretary of the Department of Labor and Licensing, in consultation with the
 State Board of Barber Examiners, may employ a Director of the State Board of
 Barber Examiners, who shall not be a member of the state board and who shall
 have the responsibility of keeping:
                        (A)   A record of the state board's proceedings;
                        (B)   A record of persons registered as barbers showing the
 name, place of business, and residence of each and the date and number of his
 or her certificate;
                        (C)   A record of all certificates issued, refused, renewed,
 suspended, or revoked; and
                        (D)   Such other records as may be directed by the state
 board or required by law.
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       SECTION 4.       Arkansas Code § 17-20-206(c), concerning the inspection
 rights of the State Board of Barber Examiners, is amended to read as follows:
       (c)   Any member of the State Board of Barber Examiners, the Director of
 the State Board of Barber Examiners, or its inspectors shall have authority
 to enter upon and to inspect any barbershop or barber school at any time
 during business hours.
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       SECTION 5.       Arkansas Code § 17-20-301 is amended to read as follows:
       17-20-301.       Certificate required — Prohibitions.
       (a)   It Unless certified by the State Board of Barber Examiners as
 required by this chapter, it shall be unlawful for an individual or entity
 to:
                (1)    For any person, firm, or corporation to conduct Conduct or
 operate a barbering establishment, school of barbering, barbershop, or any
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     As Engrossed:       S3/1/23 H3/27/23                                          SB322
 other place of business in which any occupation of a barber is taught or
 practiced;
               (2)    Fail to comply with the sanitation provisions of this
 chapter until licensed under this chapter and in compliance with this chapter
 relating to sanitation;
               (2)(3)     To act Act or attempt to act as a barber without a
 certificate of registration as a registered barber duly issued by the State
 Board of Barber Examiners; and or
               (3)(4)     For any person, firm, or corporation to operate Operate a
 barbershop unless it is operated under the personal supervision and
 management of a registered barber.
      (b)     A person having charge of a barbering establishment or school of
 barbering, whether as an owner or an employee, shall not permit any room or
 part of a room in which any of the branches or practices of barbering are
 conducted, practiced, or taught to be used for sleeping, for residential
 purposes, or for any other purpose that would tend to make the room
 unsanitary.
      (c)     A barbering establishment shall have a direct entrance separate
 and distinct from any entrance in connection with private quarters.
      (d)(1)     It shall be unlawful for a person any individual or entity to
 employ or to allow to be employed a person not licensed by the board in or
 about a barber establishment as a barber manager.
               (2) If at any time the name, location, owner, or manager changes
 at any barbershop or barber school or college, the owner shall report that
 change by application and be subject to the fee established.
               (3) If a barbering establishment no longer employs a barber, or
 if a barbering establishment is closed, a new application shall be filed with
 the board.
      (e)     It shall be the responsibility of all barbershop owners to assure
 that their employees of the barbershop or those who work in the establishment
 have appropriate licenses.
      (f)     Barber establishments that have persons licensed by the
 Cosmetology Technical Advisory Committee shall also have their the
 appropriate current licenses to practice.
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      SECTION 6.        Arkansas Code § 17-20-303(b)-(e), concerning the licensing
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     As Engrossed:          S3/1/23 H3/27/23                                        SB322
 requirements of the State Board of Barber Examiners, are amended to read as
 follows:
         (b)   Any person who desires to practice barbering in this state shall
 file with the Executive Secretary Director of the State Board of Barber
 Examiners a written application, duly notarized, with certification of at
 least one thousand five hundred (1,500) hours of barber training, together
 with:
                  (1)    Two (2) identical passport-sized signed photographs;
                  (2)    A copy of his or her record of identification; and
                  (3)    His A copy of his or her Social Security card number; and
                  (4)    Proof of education of at least the eighth grade for a barber
 applicant or high school graduate for a teacher manager instructor.
         (c)   A barber applying for reciprocity who has an unrevoked or and
 unexpired license issued by the proper authorities of another state
 certifying that he or she has completed a minimum of one thousand five
 hundred (1,500) hours of training, may be issued a certificate of
 registration as a registered barber upon making the application as required
 by this chapter and upon the payment of a reciprocity fee that shall include
 the license fee until the beginning of the next renewal period.
         (d)(1)     An unlicensed person applying for reciprocity a license who has
 at least one thousand five hundred (1,500) hours of barber training may be
 granted registration by examination upon proof of training by the state board
 in the state in which the person received the training or by another
 appropriate authority and upon making application as required by law and upon
 payment of a reciprocity an application fee and examination fee to obtain
 registration in this state as a registered barber.
                  (2)    A barber applying for reciprocity who has fewer than one
 thousand five hundred (1,500) hours of barber training must also have been
 continuously engaged in the practice of barbering for at least one (1) year,
 in addition to providing proof of licensure and training by the state board
 where the applicant received training or holds a license, or complete the
 required number of one thousand five hundred (1,500) hours, and upon making
 application as required by law and upon payment of a reciprocity fee to
 obtain registration in this state as a registered barber.
         (e)(1)     A person applying for reciprocity who is licensed in a foreign
 country as a barber is required to pass an a practical examination
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     As Engrossed:    S3/1/23 H3/27/23                                             SB322
 administered by the State Board of Barber Examiners and pay the examination
 fee to qualify for a license in this state.
            (2)     All documents submitted for the purpose of complying with
 the requirements for examination shall be original copies and translated into
 the English language.
            (3)     The application shall be accompanied with a money order for
 the reciprocity and examination fee.
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      SECTION 7.     Arkansas Code § 17-20-405 is amended to read as follows:
      17-20-405. Licensing prerequisites — Managers and teachers.
      A school or college of barbering shall not be approved by the State
 Board of Barber Examiners and a license shall not be issued to operate or
 conduct any school or college of barbering until the following provisions are
 complied with unless:
            (1)     The faculty are registered teacher manager instructors under
 this subchapter;
            (2)(A)     At least one (1) approved teacher manager instructor is
 teaching at the school or college of barbering at all times and in charge of
 each daily class in theoretical scientific study, scientific barbering
 practice, and general barbering practice at all times.
                     (B)   A licensed barber in good standing with the board may
 substitute as a teacher manager instructor for a specified period of time
 upon written request and written board approval; and
            (3)     One (1) teacher manager instructor is provided for every
 twenty (20) students.
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      SECTION 8.     Arkansas Code § 17-20-406(a)(2), concerning qualifications
 for a teacher manager instructor, is amended to read as follows:
            (2)     A teacher manager instructor shall be:
                     (A)   Twenty-one (21) years of age; and
                     (B)   A a currently licensed barber who has:
                            (i)     One (1) year of experience as a barber;
                            (ii)    A high school diploma or the equivalent of a
 high school diploma; and
                            (iii)    Completed completed a postgraduate course of
 six hundred (600) hours in barber teacher theory in an approved school.
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     As Engrossed:     S3/1/23 H3/27/23                                            SB322
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      SECTION 9.      Arkansas Code § 17-20-406(c), concerning qualifications for
 a teacher manager instructor, is amended to read as follows:
      (c)    A teacher manager instructor shall have received not less than
 eight (8) hours of additional training in an instructor's training seminar or
 continuing education course certified by the board on a yearly basis before
 renewal of his or her teacher manager instructor license.
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      SECTION 10.      Arkansas Code § 17-20-421(a)(3), concerning application
 requirements for barber college students, is amended to read as follows:
             (3)    The application for enrollment shall be accompanied with
 identification of the applicant in the form of:
                      (A)   A copy of his or her Social Security number, card;
                      (B)   A driver's license, or a state-issued identification
 card; and
                      (C)   Two two (2) passport-sized photographs of the
 applicant with the name of the applicant on the back.
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      SECTION 11.      Arkansas Code § 17-20-424(b), concerning inspections of a
 student’s work in each licensed school of barbering, is amended to read as
 follows:
      (b)    In each licensed school of barbering:
             (1)    A student shall not engage in any work upon a client until
 he or she has had the required number of hours of instruction;
             (2)    A school shall not advertise student work to the public
 through any medium unless the work is designated as student work; and
             (3)(2)     A school may allow a student to volunteer in charity or
 special events held outside the school if the following conditions are met:
                      (A)   The student agrees to participate;
                      (B)   The student is accompanied by and acts under the
 direct supervision of a licensed instructor; and
                      (C)   The school maintains the required student-to-teacher
 ratios.
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                                       /s/Irvin
                                   APPROVED: 4/4/23
                                            7               03-27-2023 14:03:32 MLD224
Statutes affected: 
Old version SB322 Original - 2-24-2023 12:59 PM: 17-20-102, 17-20-201(a), 17-20-203(a), 17-20-206(c), 17-20-301, 17-20-303(b), 17-20-405, 17-20-406(a), 17-20-406(c), 17-20-421(a), 17-20-424(b)
Old version SB322 V2 - 3-1-2023 09:37 AM: 17-20-102, 03-01-2023, 17-20-201(a), 17-20-203(a), 17-20-206(c), 17-20-301, 17-20-303(b), 17-20-405, 17-20-406(a), 17-20-406(c), 17-20-421(a), 17-20-424(b)
Old version SB322 V3 - 3-27-2023 02:04 PM: 17-20-102, 03-27-2023, 17-20-201(a), 17-20-203(a), 17-20-206(c), 17-20-301, 17-20-303(b), 17-20-405, 17-20-406(a), 17-20-406(c), 17-20-421(a), 17-20-424(b)
SB