AB167: Bill Text

LRB-0855/2

KP:amn&klm

2017 - 2018 LEGISLATURE

2017 Assembly BILL 167

March 20, 2017 - Introduced 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, cosponsored by Senators Kapenga, L. Taylor, Craig, Darling, Nass and Stroebel. Referred to Committee on Regulatory Licensing Reform.

AB167,2,4 An Act to repeal 440.03 (13) (b) 5., 440.03 (13) (b) 14., 440.03 (13) (b) 15., 440.03 (13) (b) 19m., 440.03 (13) (b) 19s., 440.03 (13) (b) 27., 440.03 (13) (b) 35., 440.08 (2) (a) 7., 440.08 (2) (a) 17., 440.08 (2) (a) 18., 440.08 (2) (a) 24g., 440.08 (2) (a) 24i., 440.08 (2) (a) 32., 440.08 (2) (a) 43., 440.60 (4s), 440.60 (5s), 440.62 (3) (ag) 3., 440.62 (3) (ar) 3., 440.63 (1) (title), 440.63 (2), 440.63 (3), 454.01 (7s), 454.06 (3), 454.08 (1) (a), 454.20 (3), 454.20 (9), 454.20 (12), 454.22 (1) (b), 454.22 (1) (g), 454.23 (3) and 454.25 (1) (a); to renumber and amend 440.63 (1) (a), 440.63 (1) (am), 440.63 (1) (b), 440.63 (1) (c) and 440.63 (1) (d); to amend 440.62 (5) (a), 440.635, 440.64 (3) (b) (intro.), 440.64 (3) (c), 454.04 (1) (a), 454.04 (1) (b), 454.04 (1) (d), 454.04 (2) (a), 454.04 (2) (b), 454.04 (2) (d), 454.06 (4) (b) 2., 454.06 (5) (b) 2., 454.06 (6) (b) 2., 454.06 (7), 454.07 (1), 454.08 (1) (b), 454.08 (4), 454.08 (6), 454.10 (3) (a), 454.13 (1) (intro.), 454.13 (2), 454.15 (2) (j), 454.22 (2), 454.23 (4), 454.23 (5), 454.23 (6) (a), 454.24 (2), 454.24 (4), 454.25 (1) (b), 454.25 (4), 454.25 (5), 454.26 (3) (a), 454.27 (1) (intro.), 454.287 and 454.29 (2) (i); and to create 454.08 (1) (am) and 454.25 (1) (am) of the statutes; relating to: practicing barbering and cosmetology outside licensed establishments, regulating barbering and cosmetology managers, and instructor certificates for barbering, 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:

AB167,1 Section 1. 440.03 (13) (b) 5. of the statutes is repealed.

AB167,2 Section 2 . 440.03 (13) (b) 14. of the statutes is repealed.

AB167,3 Section 3 . 440.03 (13) (b) 15. of the statutes is repealed.

AB167,4 Section 4 . 440.03 (13) (b) 19m. of the statutes is repealed.

AB167,5 Section 5 . 440.03 (13) (b) 19s. of the statutes is repealed.

AB167,6 Section 6 . 440.03 (13) (b) 27. of the statutes is repealed.

AB167,7 Section 7 . 440.03 (13) (b) 35. of the statutes is repealed.

AB167,8 Section 8 . 440.08 (2) (a) 7. of the statutes is repealed.

AB167,9 Section 9 . 440.08 (2) (a) 17. of the statutes is repealed.

AB167,10 Section 10 . 440.08 (2) (a) 18. of the statutes is repealed.

AB167,11 Section 11 . 440.08 (2) (a) 24g. of the statutes is repealed.

AB167,12 Section 12 . 440.08 (2) (a) 24i. of the statutes is repealed.

AB167,13 Section 13 . 440.08 (2) (a) 32. of the statutes is repealed.

AB167,14 Section 14 . 440.08 (2) (a) 43. of the statutes is repealed.

AB167,15 Section 15. 440.60 (4s) of the statutes is repealed.

AB167,16 Section 16. 440.60 (5s) of the statutes is repealed.

AB167,17 Section 17. 440.62 (3) (ag) 3. of the statutes is repealed.

AB167,18 Section 18. 440.62 (3) (ar) 3. of the statutes is repealed.

AB167,19 Section 19. 440.62 (5) (a) of the statutes is amended to read:

AB167,3,21 440.62 (5) (a) No specialty school may offer theoretical instruction for managers or apprentices.

AB167,20 Section 20 . 440.63 (1) (title) of the statutes is repealed.

AB167,21 Section 21 . 440.63 (1) (a) of the statutes is renumbered 440.63 (1m) and amended to read:

AB167,4,4 440.63 (1m) No person may provide practical instruction in barbering unless the person holds a current barbering instructor or cosmetology instructor certificate issued barber license granted by the department or cosmetologist license granted by the cosmetology examining board.

AB167,22 Section 22 . 440.63 (1) (am) of the statutes is renumbered 440.63 (2m) and amended to read:

AB167,4,9 440.63 (2m) No person may provide practical instruction in cosmetology unless the person holds a current cosmetology instructor certificate issued by the department cosmetologist license granted by the cosmetology examining board.

AB167,23 Section 23 . 440.63 (1) (b) of the statutes is renumbered 440.63 (3m) and amended to read:

AB167,4,15 440.63 (3m) No person may provide practical instruction in aesthetics unless the person holds a current aesthetics instructor or cosmetology instructor certificate issued by the department aesthetician license or cosmetologist license granted by the cosmetology examining board.

AB167,24 Section 24 . 440.63 (1) (c) of the statutes is renumbered 440.63 (4) and amended to read:

AB167,4,20 440.63 (4) No person may provide practical instruction in electrology unless the person holds a current electrology instructor certificate issued by the department electrologist license granted by the cosmetology examining board.

AB167,25 Section 25 . 440.63 (1) (d) of the statutes is renumbered 440.63 (5) and amended to read:

AB167,5,2 440.63 (5) No person may provide practical instruction in manicuring unless the person holds a current manicuring instructor or cosmetology instructor certificate issued by the department manicurist license or cosmetologist license granted by the cosmetology examining board.

AB167,26 Section 26 . 440.63 (2) of the statutes is repealed.

AB167,27 Section 27 . 440.63 (3) of the statutes is repealed.

AB167,28 Section 28 . 440.635 of the statutes is amended to read:

AB167,5,10 440.635 Persons providing practical instruction in specialty schools. (1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetology manager cosmetologist license or aesthetician license issued by the cosmetology examining board or a current cosmetology instructor or aesthetics instructor certificate issued by the department.

AB167,5,14 (2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license and a current cosmetology manager license issued by the cosmetology examining board or an electrology instructor certificate issued by the department.

AB167,5,19 (3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetology manager cosmetologist license or manicurist license issued by the cosmetology examining board or a current cosmetology instructor or manicuring instructor certificate issued by the department.

AB167,29 Section 29 . 440.64 (3) (b) (intro.) of the statutes is amended to read:

AB167,5,24 440.64 (3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or certified instructor or deny, limit, suspend, or revoke a license or certificate under this subchapter if it finds that the applicant, or licensee or certified instructor has done any of the following:

AB167,30 Section 30 . 440.64 (3) (c) of the statutes is amended to read:

AB167,6,4 440.64 (3) (c) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license or certificate under par. (b), the department may assess against a school, or specialty school or instructor a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under par. (b).