Bill Summary – FastDemocracy

SESSION OF 2022
    SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2419
           As Further Amended by House Committee on
                   General Government Budget

Brief*
     HB 2419, as amended, would make several changes to
the Kansas Barbering Act (Act).

Fees
     The bill would adjust fee limits for licenses and permits.
The bill would also create new fees for the practical
demonstration examination component of licensure, for
reexaminations, for instructor examinations, for restoration of
licenses, for a letter of verification of licensure, and for
duplicate licenses. The bill would make all fees non-
refundable.

Appealing a Subpoena Issued by the Board of Barbering
     The bill would authorize any person who has received a
subpoena requiring the production of any documents, reports,
records, or other physical evidence in the person’s
possession or control to petition the Board of Barbering
(Board) to revoke, limit, or modify the subpoena. The bill
would state the Board shall revoke, limit, or modify such
subpoena if, in the Board’s opinion, the documents, reports,
records, or other physical evidence required:
       ●   Do not relate to the administration of the Act;

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
     ●    Are not relevant to the allegation cited in the
          investigation; or
     ●    The subpoena does not describe with sufficient
          particularity the documents, reports, records, or
          other physical evidence required to be produced.
Court-issued Orders
      The bill would authorize a court of competent jurisdiction
to issue an order either:
     ●    Requiring a person from whom information may be
          desired to appear before the Board or the Board’s
          authorized agent, to produce documents, reports,
          records, or other physical evidence; or
     ●    Revoking, limiting, or modifying the subpoena for
          the same reasons for which the Board may revoke,
          limit, or modify a subpoena listed above.
Background
    The bill was introduced by the House Committee on
Appropriations at the request of Representative Sutton and
was referred to the House Committee on General
Government Budget.

House Committee on General Government Budget
     In the House Committee hearing on March 10, 2021, the
Chairwoman of the Board of Barbering and a private barber
provided proponent testimony stating the bill would clarify
barbering statutes, update statutory fee maximums, create
new fees, help keep the general public safe from infectious or
contagious disease, and prohibit use of the barber pole for
advertising by any person who is not a licensed barber.

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     Written-only proponent testimony was provided by
several private barbers.
     Opponent testimony was provided by a representative
of Americans for Prosperity.
      On March 11, 2021, the House Committee amended the
bill by changing the statutory maximums for existing fees
back to those in current law. The bill would have increased
most statutory maximums for existing fees. The House
Committee also amended the bill by clarifying barber schools
and colleges must not have in effect any practice or policy
that violates any provision of the Kansas Act Against
Discrimination.
     No further action was taken on the bill during the 2021
Legislative Session.
      On March 8, 2022, the House Committee reconsidered
the bill and further amended it to remove provisions that
would have amended statutory requirements for approval to
open a barber school or college, prospective student
qualification requirements, minimum age requirement for
licensure, certain examination requirements, and regulatory
actions that may be taken by the Board.
     The House Committee also amended the bill to remove
provisions clarifying that barber schools and colleges must
not have in effect any practice or policy that violates any
provision of the Kansas Act Against Discrimination.

Fiscal Information
     According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Board of Barbering
indicates enactment of the bill would result in additional
revenue of $5,850 in FY 2022. The Board further indicates
enactment of the bill would result in additional expenditures in
FY 2022 of $580 for printing senior status licenses and chair
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lease licenses and a $1,500 reduction in revenue in FY 2022
due to the conversion of 50 barbering licenses to senior
status licenses, which is $30 less per license. Any fiscal effect
associated with the bill is not reflected in The FY 2022
Governor’s Budget Report.
Board of Barbering; Kansas Barbering Act; barbers; fees


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Statutes affected: 
As introduced: 65-1808, 65-1809, 65-1812, 65-1810, 65-1813, 65-1814, 65-1815, 65-1816, 65-1817, 65-1818, 65-1819, 65-1820a, 65-1821, 65-1822, 65-1824, 65-1825a, 65-1826, 65-1827, 65-1831, 65-1835, 65-1, 74-1805a, 74-1806, 74-1807
As Amended by House Committee: 65-1808, 65-1809, 65-1812, 65-1810, 65-1813, 65-1814, 65-1815, 65-1816, 65-1817, 65-1818, 65-1819, 65-1820a, 65-1821, 65-1822, 65-1824, 65-1825a, 65-1826, 65-1827, 65-1831, 65-1835, 65-1, 74-1805a, 74-1806, 74-1807
As Further Amended by House Committee: 65-1808, 65-1809, 65-1812, 65-1810, 65-1813, 65-1814, 65-1815, 65-1816, 65-1817, 65-1818, 65-1819, 65-1820a, 65-1821, 65-1822, 65-1824, 65-1825a, 65-1826, 65-1827, 65-1831, 65-1835, 65-1, 74-1805a, 74-1806, 74-1807