CORRECTED COPY
LRB-2087/2
KP:amn&klm
2017 - 2018 LEGISLATURE
March 16, 2017 - Introduced by Senators Kapenga, L. Taylor, Craig, Darling, Nass
and Stroebel, cosponsored by Representatives Kleefisch, Kooyenga, Allen,
Berceau, Brandtjen, R. Brooks, Doyle, Duchow, Felzkowski, Fields,
Horlacher, Hutton, Jarchow, Katsma, Knodl, Krug, Macco, Mursau,
Neylon, Skowronski and Spiros. Referred to Committee on Public Benefits,
Licensing and State-Federal Relations.
SB109,2,4 1An Act to repeal 440.03 (13) (b) 5., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.03
2(13) (b) 19m., 440.03 (13) (b) 19s., 440.03 (13) (b) 27., 440.03 (13) (b) 35., 440.08
3(2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a)
424i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag)
53., 440.62 (3) (ar) 3., 440.63 (1) (title), 440.63 (2), 440.63 (3), 454.01 (7s), 454.06
6(3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22 (1)
7(g), 454.23 (3) and 454.25 (1) (a); to renumber and amend 440.63 (1) (a),
8440.63 (1) (am), 440.63 (1) (b), 440.63 (1) (c) and 440.63 (1) (d); to amend 440.62
9(5) (a), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b),
10454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06 (4) (b) 2., 454.06
11(5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08
12(6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.15 (2) (j), 454.22 (2), 454.23
13(4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b), 454.25 (4),
14454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.), 454.287 and 454.29 (2) (i); and to

1create
454.08 (1) (am) and 454.25 (1) (am) of the statutes; relating to:
2practicing barbering and cosmetology outside licensed establishments,
3regulating barbering and cosmetology managers, and instructor certificates for
4barbering, cosmetology, and related professions.
Analysis by the Legislative Reference Bureau
This bill permits the practice of cosmetology, aesthetics, manicuring, and
barbering outside of a licensed establishment if a person licensed to engage in that
practice owns, manages, is employed by, or is affiliated with an establishment
licensed to provide that service. Under current law, the Cosmetology Examining
Board, in the case of cosmetology, aesthetics, and manicuring, and the Department
of Safety and Professional Services, in the case of barbering, are authorized to
promulgate rules permitting those practices outside of a licensed establishment only
for services provided to persons who are homebound or in a hospital, nursing home,
correctional institution, or other institution.
The bill also eliminates the separate licensure of cosmetology managers and
barbering managers. Managers of cosmetology establishments and barbering
establishments are required to ensure that those establishments operate in
compliance with laws and rules regulating the provision of cosmetology and
barbering services. Under the bill, a licensed cosmetologist must be designated as
the manager, required to ensure such compliance, of a cosmetology establishment,
and either a licensed cosmetologist or a licensed barber must be designated as the
manager, required to ensure such compliance, of a barbering establishment. The bill
converts a person who was formerly licensed as a cosmetology manager into a
licensed cosmetologist and a person who was formerly licensed as a barbering
manager into a licensed barber.
This bill also eliminates the requirement for cosmetologists, aestheticians,
electrologists, manicurists, and barbers to hold a certificate granted by DSPS in
order to provide instruction in their respective professions. Under current law,
cosmetologists, aestheticians, electrologists, and manicurists licensed by the
Cosmetology Examining Board must hold an additional certificate as an instructor
and meet certain other requirements in order to provide instruction in their
professions. Current law also requires barbers licensed by DSPS to hold an
additional certificate as an instructor and meet certain other requirements in order
to provide practical instruction in barbering.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB109,1
1Section 1. 440.03 (13) (b) 5. of the statutes is repealed.
SB109,2 2Section 2. 440.03 (13) (b) 14. of the statutes is repealed.
SB109,3 3Section 3. 440.03 (13) (b) 15. of the statutes is repealed.
SB109,4 4Section 4. 440.03 (13) (b) 19m. of the statutes is repealed.
SB109,5 5Section 5. 440.03 (13) (b) 19s. of the statutes is repealed.
SB109,6 6Section 6. 440.03 (13) (b) 27. of the statutes is repealed.
SB109,7 7Section 7. 440.03 (13) (b) 35. of the statutes is repealed.
SB109,8 8Section 8. 440.08 (2) (a) 7. of the statutes is repealed.
SB109,9 9Section 9. 440.08 (2) (a) 17. of the statutes is repealed.
SB109,10 10Section 10. 440.08 (2) (a) 18. of the statutes is repealed.
SB109,11 11Section 11. 440.08 (2) (a) 24g. of the statutes is repealed.
SB109,12 12Section 12. 440.08 (2) (a) 24i. of the statutes is repealed.
SB109,13 13Section 13. 440.08 (2) (a) 32. of the statutes is repealed.
SB109,14 14Section 14. 440.08 (2) (a) 43. of the statutes is repealed.
SB109,15 15Section 15. 440.60 (4s) of the statutes is repealed.
SB109,16 16Section 16. 440.60 (5s) of the statutes is repealed.
SB109,17 17Section 17. 440.62 (3) (ag) 3. of the statutes is repealed.
SB109,18 18Section 18. 440.62 (3) (ar) 3. of the statutes is repealed.
SB109,19 19Section 19. 440.62 (5) (a) of the statutes is amended to read:
SB109,3,2120 440.62 (5) (a) No specialty school may offer theoretical instruction for
21managers or apprentices.
SB109,20 22Section 20. 440.63 (1) (title) of the statutes is repealed.
SB109,21 23Section 21. 440.63 (1) (a) of the statutes is renumbered 440.63 (1m) and
24amended to read:
SB109,4,4
1440.63 (1m) No person may provide practical instruction in barbering unless
2the person holds a current barbering instructor or cosmetology instructor certificate
3issued
barber license granted by the department or cosmetologist license granted by
4the cosmetology examining board
.
SB109,22 5Section 22. 440.63 (1) (am) of the statutes is renumbered 440.63 (2m) and
6amended to read:
SB109,4,97 440.63 (2m) No person may provide practical instruction in cosmetology unless
8the person holds a current cosmetology instructor certificate issued by the
9department
cosmetologist license granted by the cosmetology examining board.
SB109,23 10Section 23. 440.63 (1) (b) of the statutes is renumbered 440.63 (3m) and
11amended to read:
SB109,4,1512 440.63 (3m) No person may provide practical instruction in aesthetics unless
13the person holds a current aesthetics instructor or cosmetology instructor certificate
14issued by the department
aesthetician license or cosmetologist license granted by the
15cosmetology examining board
.
SB109,24 16Section 24. 440.63 (1) (c) of the statutes is renumbered 440.63 (4) and
17amended to read:
SB109,4,2018 440.63 (4) No person may provide practical instruction in electrology unless the
19person holds a current electrology instructor certificate issued by the department
20electrologist license granted by the cosmetology examining board.
SB109,25 21Section 25. 440.63 (1) (d) of the statutes is renumbered 440.63 (5) and
22amended to read:
SB109,5,223 440.63 (5) No person may provide practical instruction in manicuring unless
24the person holds a current manicuring instructor or cosmetology instructor

1certificate issued by the department
manicurist license or cosmetologist license
2granted by the cosmetology examining board
.
SB109,26 3Section 26. 440.63 (2) of the statutes is repealed.
SB109,27 4Section 27. 440.63 (3) of the statutes is repealed.
SB109,28 5Section 28. 440.635 of the statutes is amended to read:
SB109,5,10 6440.635 Persons providing practical instruction in specialty schools.
7(1) No person may provide practical instruction in a specialty school of aesthetics
8unless the person holds a current cosmetology manager cosmetologist license or
9aesthetician
license issued by the cosmetology examining board or a current
10cosmetology instructor or aesthetics instructor certificate issued by the department
.
SB109,5,14 11(2) No person may provide practical instruction in a specialty school of
12electrology unless the person holds a current electrologist license and a current
13cosmetology manager license
issued by the cosmetology examining board or an
14electrology instructor certificate issued by the department
.
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