H-1332

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

______________________________
COMMITTEE ON STATE GOVERNMENT

KAUFMANN of Cedar, Chairperson