Senate File 540 H-1332 Amend Senate File 540, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 10A.104, subsection 14, Code 2021, is 5 amended by striking the subsection. 6 Sec. 2. Section 147.13, subsection 11, Code 2021, is amended 7 to read as follows: 8 11. For barbering and cosmetology arts and sciences, the 9 board of barbering and cosmetology arts and sciences. 10 Sec. 3. Section 147.13, subsection 12, Code 2021, is amended 11 by striking the subsection. 12 Sec. 4. Section 147.14, subsection 1, paragraphs a and n, 13 Code 2021, are amended by striking the paragraphs. 14 Sec. 5. Section 147.14, subsection 1, Code 2021, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . x. For barbering and cosmetology arts and 17 sciences, three members who are licensed cosmetologists; one 18 member who is a licensed barber; one member who is a licensed 19 electrologist or esthetician; one member who is a licensed 20 nail technologist; one member who is a licensed instructor of 21 cosmetology arts and sciences at a public or private school; 22 and two members who are not licensed barbers or licensed in a 23 practice of cosmetology arts and sciences and who do not own a 24 salon, barbershop, or school of barbering or cosmetology arts 25 and sciences and who shall represent the general public. 26 Sec. 6. Section 157.1, subsection 1, Code 2021, is amended 27 to read as follows: 28 1. “Board” means the board of barbering and cosmetology arts 29 and sciences. 30 Sec. 7. Section 157.3, subsection 1, Code 2021, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . d. Submits an application fee of one hundred 33 dollars. 34 Sec. 8. Section 157.3, Code 2021, is amended by adding the 35 -1- SF540.1555 (4) 89 ss/rh 1/ 6 #1.
following new subsection: 1 NEW SUBSECTION . 3. In addition to any requirements imposed 2 by the board by rule, a cosmetologist shall submit a biennial 3 license renewal fee of one hundred dollars. 4 Sec. 9. Section 157.7, subsection 1, Code 2021, is amended 5 to read as follows: 6 1. The department of inspections and appeals board shall 7 employ personnel pursuant to chapter 8A, subchapter IV , to 8 perform duties related to inspection functions under this 9 chapter . The department of inspections and appeals shall, when 10 possible, integrate inspection efforts under this chapter with 11 inspections conducted under chapter 158 . 12 Sec. 10. Section 157.10, subsection 1, Code 2021, is amended 13 to read as follows: 14 1. The course of study required for licensure for the 15 practice of cosmetology shall be two one thousand one eight 16 hundred clock hours , or seventy semester credit hours or the 17 equivalent thereof as determined pursuant to administrative 18 rule and regulations promulgated by the United States 19 department of education . The clock hours , and equivalent 20 number of semester credit hours or the equivalent thereof as 21 determined pursuant to administrative rule and regulations 22 promulgated by the United States department of education, of 23 a course of study required for licensure for the practices of 24 electrology, esthetics, and nail technology , manicuring, and 25 pedicuring shall be established by the board. The board shall 26 adopt rules to define the course and content of study for each 27 practice of cosmetology arts and sciences. 28 Sec. 11. NEW SECTION . 157.10A Licensure as barber school. 29 A school of cosmetology arts and sciences may also be 30 licensed as a barber school pursuant to chapter 158. 31 Sec. 12. Section 157.11, subsections 1 and 2, Code 2021, are 32 amended to read as follows: 33 1. A salon shall not operate unless the owner has obtained a 34 license issued by the department. The owner shall apply to the 35 -2- SF540.1555 (4) 89 ss/rh 2/ 6
department on forms prescribed by the board. The department 1 may board shall perform a sanitary inspection of each salon 2 biennially at least once every five years and may shall perform 3 a sanitary inspection of a salon prior to the issuance of a 4 license at the time of the opening of a salon . An inspection 5 of a salon may also be conducted upon receipt of a complaint by 6 the department board . 7 2. The application shall be accompanied by the biennial 8 license fee determined pursuant to section 147.80 of one 9 hundred eighty-four dollars and an initial inspection fee of 10 two hundred fifty dollars . The license is valid for two years 11 and may be renewed. 12 Sec. 13. Section 158.1, subsection 5, Code 2021, is amended 13 to read as follows: 14 5. “Board” means the board of barbering and cosmetology arts 15 and sciences . 16 Sec. 14. Section 158.3, subsection 1, Code 2021, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . e. Submits an application fee of one hundred 19 dollars. 20 Sec. 15. Section 158.3, Code 2021, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. In addition to any requirements imposed 23 by the board by rule, a barber shall submit a biennial license 24 renewal fee of one hundred dollars. 25 Sec. 16. Section 158.6, subsection 1, Code 2021, is amended 26 to read as follows: 27 1. The department of inspections and appeals board shall 28 employ personnel pursuant to chapter 8A, subchapter IV , to 29 perform duties related to inspection functions under this 30 chapter . The department of inspections and appeals shall, when 31 possible, integrate inspection efforts under this chapter with 32 inspections conducted under chapter 157 . 33 Sec. 17. Section 158.7, subsection 6, Code 2021, is amended 34 by striking the subsection. 35 -3- SF540.1555 (4) 89 ss/rh 3/ 6
Sec. 18. Section 158.9, subsections 1 and 2, Code 2021, are 1 amended to read as follows: 2 1. A barbershop shall not operate unless the owner has 3 obtained a license issued by the department. The owner shall 4 apply to the department on forms prescribed by the board. 5 The department may board shall perform a sanitary inspection 6 of each barbershop biennially at least once every five years 7 and may shall perform a sanitary inspection of a barbershop 8 prior to the issuance of a license at the time of the opening 9 of a barbershop . An inspection of a barbershop may also be 10 conducted upon receipt of a complaint by the department board . 11 2. The application shall be accompanied by the biennial 12 license fee determined pursuant to section 147.80 of one 13 hundred eighty-four dollars and an initial inspection fee of 14 two hundred fifty dollars . The license is valid for two years 15 and may be renewed. 16 Sec. 19. Section 272C.1, subsection 6, paragraph g, Code 17 2021, is amended to read as follows: 18 g. The board of barbering and cosmetology arts and sciences , 19 created pursuant to chapter 147 . 20 Sec. 20. Section 272C.1, subsection 6, paragraph i, Code 21 2021, is amended by striking the paragraph. 22 Sec. 21. Section 714.25, subsection 2, unnumbered paragraph 23 1, Code 2021, is amended to read as follows: 24 A proprietary school shall, prior to the time a student is 25 obligated for payment of any moneys, inform the student, the 26 college student aid commission, and in the case of a school 27 licensed under section 157.8 or 158.7 , the board of barbering 28 and cosmetology arts and sciences or in the case of a school 29 licensed under section 158.7 , the board of barbering, of all 30 of the following: 31 Sec. 22. EMERGENCY RULES. The board of cosmetology arts 32 and sciences, board of barbering, and board of barbering and 33 cosmetology arts and sciences may adopt emergency rules under 34 section 17A.4, subsection 3, and section 17A.5, subsection 2, 35 -4- SF540.1555 (4) 89 ss/rh 4/ 6
paragraph “b”, to implement the provisions of this Act and 1 the rules shall be effective immediately upon filing unless 2 a later date is specified in the rules. Any rules adopted 3 in accordance with this section shall also be published as a 4 notice of intended action as provided in section 17A.4. 5 Sec. 23. TRANSITION PROVISIONS. 6 1. a. The merger of the boards of barbering and cosmetology 7 arts and sciences in this Act shall not affect the appointment 8 or any term of office of a member of either board prior to the 9 effective date of this Act. A member of the board of barbering 10 or the board of cosmetology arts and sciences shall continue to 11 serve until the member’s term expires or the member ceases to 12 hold office, whichever first occurs. 13 b. The initial membership of the board of barbering and 14 cosmetology arts and sciences shall consist of all members 15 of the boards of barbering and cosmetology arts and sciences 16 serving on the effective date of this Act. 17 2. A rule adopted by the board of cosmetology arts and 18 sciences or board of barbering that is in force and effect 19 immediately prior to the effective date of this Act shall 20 continue in full force and effect until the earlier of the 21 following: 22 a. The rule is amended, rescinded, or supplemented by the 23 affirmative action of the board of barbering and cosmetology 24 arts and sciences. 25 b. The rule expires by its own terms. 26 3. Any license or permit issued by the board of cosmetology 27 arts and sciences or board of barbering in effect on the 28 effective date of this Act shall continue in full force and 29 effect until expiration or renewal. 30 4. Any funds in any account or fund of the board of 31 cosmetology arts and sciences or board of barbering shall 32 be transferred to the control of the board of barbering and 33 cosmetology arts and sciences. 34 5. Any cause of action, statute of limitation, or 35 -5- SF540.1555 (4) 89 ss/rh 5/ 6
administrative action relating to or initiated by the board of 1 cosmetology arts and sciences or board of barbering shall not 2 be affected as a result of this Act and shall apply to the board 3 of barbering and cosmetology arts and sciences. 4 6. All client and organizational files in the possession 5 of the board of cosmetology arts and sciences or board of 6 barbering shall become the property of the board of barbering 7 and cosmetology arts and sciences. 8 7. Any personnel in the state merit system of employment 9 who are mandatorily transferred due to the effect of this Act 10 shall be so transferred without any loss in salary, benefits, 11 or accrued years of service. > 12 ______________________________ COMMITTEE ON STATE GOVERNMENT KAUFMANN of Cedar, Chairperson -6- SF540.1555 (4) 89 ss/rh 6/ 6