Amendment ASA1-AB224

LRBs0136/1

MDK:hmh:pg

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 224

January 23, 2002 - Offered by Committee on Labor and Workforce Development.

AB224-ASA1,1,4 An Act to amend 440.05 (intro.), 440.08 (2) (a) (intro.), 454.01 (5) (a), 454.15 (2) (intro.), 454.15 (2) (a) and 454.15 (3); to repeal and recreate 454.06 (title); and to create 454.01 (14m), 454.06 (11) and 454.15 (2) (cm) of the statutes; relating to: providing shampooing services in barber or cosmetologist establishments.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB224-ASA1, s. 1 Section 1. 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB224-ASA1,1,9 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18, 454.06 (11) (a), and 459.46:

AB224-ASA1, s. 2 Section 2. 440.08 (2) (a) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB224-ASA1,2,3 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.05, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, 449.18 , 454.06 (11) (a), and 459.46, the renewal dates and renewal fees for credentials are as follows:

AB224-ASA1, s. 3 Section 3. 454.01 (5) (a) of the statutes is amended to read:

AB224-ASA1,2,8 454.01 (5) (a) Arranging, styling, dressing, shampooing, cleansing, curling, dyeing, tinting, coloring, bleaching, waving, cutting, shaving, trimming, relaxing, singeing, or performing similar work upon the hair or beard of any person by any means.

AB224-ASA1, s. 4 Section 4. 454.01 (14m) of the statutes is created to read:

AB224-ASA1,2,11 454.01 (14m) "Shampoo certificate" means a certificate issued under s. 454.06 (11) (a).

AB224-ASA1, s. 5 Section 5. 454.06 (title) of the statutes is repealed and recreated to read:

AB224-ASA1,2,13 454.06 (title) Licenses, permits, and certificates.

AB224-ASA1, s. 6 Section 6. 454.06 (11) of the statutes is created to read:

AB224-ASA1,2,21 454.06 (11) Shampoo certificate. (a) The examining board shall grant a shampoo certificate to a person who submits evidence satisfactory to the examining board that he or she has completed at least 24 hours of training in shampooing in a program approved by the examining board and pays a fee of $20. Shampoo certificates expire on July 1 of each odd-numbered year. Renewal applications shall be submitted to the examining board biennially on a form provided by the examining board together with a $20 renewal fee.

AB224-ASA1,3,2 (b) No person may provide shampooing services in an establishment licensed under s. 454.08 (2) unless the person holds a shampoo certificate, barber or cosmetologist license, manager license, or temporary permit issued by the examining board or is an apprentice under s. 454.10 or a student in a barbering or cosmetology course of instruction.

AB224-ASA1,3,8 (c) A person who holds a shampoo certificate may provide shampooing services in an establishment licensed under s. 454.08 (2) only under the direct supervision of a person holding a barber or cosmetologist license. A person holding a shampooing certificate may not select the products used in shampooing, perform any analysis required for shampooing, or rinse out any products used in curling, dyeing, tinting, coloring, bleaching, or waving hair.

AB224-ASA1, s. 7 Section 7. 454.15 (2) (intro.) of the statutes is amended to read:

AB224-ASA1,3,15 454.15 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1) and this chapter, the examining board may revoke, limit, suspend or refuse to issue or renew, in accordance with the severity of the violation, a license or, permit, or certificate issued under this chapter or reprimand the holder of a license or, permit, or certificate issued under this chapter if it finds that the holder or applicant has done any of the following:

AB224-ASA1, s. 8 Section 8. 454.15 (2) (a) of the statutes is amended to read:

AB224-ASA1,3,18 454.15 (2) (a) Made a material misstatement in an application for a license or, permit, or certificate or for renewal.

AB224-ASA1, s. 9 Section 9. 454.15 (2) (cm) of the statutes is created to read:

AB224-ASA1,3,24 454.15 (2) (cm) Knowingly employed a person to provide shampooing services in an establishment licensed under s. 454.08 (2) who does not hold a shampoo certificate, barber or cosmetologist license, manager license, or temporary license issued by the examining board or is not an apprentice under s. 454.10 or a student in a barbering or cosmetology course of instruction.

AB224-ASA1, s. 10 Section 10. 454.15 (3) of the statutes is amended to read:

AB224-ASA1,4,5 454.15 (3) The examining board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension or denial of a license or, permit, or certificate, assess against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense. Each day of continued violation constitutes a separate offense.

AB224-ASA1, s. 11 Section 11. Effective date.

AB224-ASA1,4,8 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB224-ASA1,4,9 (End)