1.1.................... moves to amend H.F. No. 860, the delete everything amendment
1.2(H0860DE1), as follows:
1.3Page 142, after line 21, insert:
1.4 "Sec. .... Minnesota Statutes 2008, section 154.001, is amended to read:
1.5154.001 BOARD OF BARBER AND COSMETOLOGIST EXAMINERS
1.6CREATED; TERMS.
1.7 Subdivision 1. Definitions. (a) For the purposes of this chapter, the following terms
1.8have the meanings given them.
1.9(b) "Board" means the Board of Barber Examiners.
1.10 Subd. 2. Board of Barber Examiners. (a) A Board of Barber
and Cosmetologist
1.11Examiners is established to consist of three barber members
, three cosmetologist members,
1.12and one public member, as defined in section
214.02, appointed by the governor.
1.13(b) The barber members shall be persons who have practiced as registered barbers in
1.14this state for at least five years immediately prior to their appointment; shall be graduates
1.15from the 12th grade of a high school or have equivalent education, and shall have
1.16knowledge of the matters to be taught in registered barber schools, as set forth in section
1.17154.07
. One of the barber members shall be a member of, or recommended by, a union of
1.18journeymen barbers that has existed at least two years, and one barber member shall be a
1.19member of, or recommended by, a professional organization of barbers.
1.20(c) All cosmetologist members must be currently licensed in the field of cosmetology
1.21in Minnesota, have practiced in the licensed occupation for at least five years immediately
1.22prior to their appointment, be graduates from the 12th grade of high school or have
1.23equivalent education, and have knowledge of sections
154.40 to
154.54 and Minnesota
1.24Rules, chapters 2642 and 2644. The cosmetologist members shall be members of,
1.25or recommended by, a professional organization of cosmetologists, manicurists, or
1.26estheticians.
2.1 (d) Subd. 3. Membership terms. (a) Membership terms, compensation of
2.2members, removal of members, the filling of membership vacancies, and fiscal year and
2.3reporting requirements shall be as provided in sections
214.07 to
214.09. The provision of
2.4staff, administrative services and office space; the review and processing of complaints;
2.5the setting of board fees; and other provisions relating to board operations shall be as
2.6provided in chapter 214.
2.7(e) (b) Members appointed to fill vacancies caused by death, resignation, or removal
2.8shall serve during the unexpired term of their predecessors.
2.9(f) The barber members of the board shall separately oversee administration,
2.10enforcement, and regulation of, and adoption of rules under, sections
154.001,
154.002,
2.11154.003,
154.01 to
154.161,
154.19 to
154.21, and
154.24 to
154.26. The cosmetologist
2.12members of the board shall separately oversee administration, enforcement, and regulation
2.13of, and adoption of rules under, sections
154.40 to
154.54. Staff hired by the board,
2.14including inspectors, shall serve both professions.
2.15 Sec. .... Minnesota Statutes 2008, section 154.19, is amended to read:
2.16154.19 VIOLATIONS.
2.17Each of the following constitutes a misdemeanor:
2.18(1) The violation of any of the provisions of section
154.01;
2.19(2) Permitting any person in one's employ, supervision, or control to practice as a
2.20registered barber or registered apprentice unless that person has a certificate of registration
2.21as a registered barber or registered apprentice;
2.22(3) Obtaining or attempting to obtain a certificate of registration for money other
2.23than the required fee, or any other thing of value, or by fraudulent misrepresentation;
2.24(4) Practicing or attempting to practice by fraudulent misrepresentation;
2.25(5) The willful failure to display a certificate of registration as required by section
2.26154.14
;
2.27(6) The use of any room or place for barbering which is also used for residential or
2.28business purposes, except the sale of hair tonics, lotions, creams, cutlery, toilet articles,
2.29cigars, tobacco, candies in original package, and such commodities as are used and sold in
2.30barber shops, and except that shoeshining and an agency for the reception and delivery of
2.31laundry, or either, may be conducted in a barber shop without the same being construed
2.32as a violation of this section, unless a substantial partition of ceiling height separates the
2.33portion used for residential or business purposes, and where a barber shop is situated in a
2.34residence, poolroom, confectionery, store, restaurant, garage, clothing store, liquor store,
2.35hardware store, or soft drink parlor, there must be an outside entrance leading into the
3.1barber shop independent of any entrance leading into such business establishment, except
3.2that this provision as to an outside entrance shall not apply to barber shops in operation at
3.3the time of the passage of this section and except that a barber shop and beauty parlor may
3.4be operated in conjunction, without the same being separated by partition of ceiling height;
3.5(7) The failure or refusal of any barber or other person in charge of any barber shop,
3.6or any person in barber schools or colleges doing barber service work, to use separate
3.7and clean towels for each customer or patron, or to discard and launder each towel after
3.8once being used;
3.9(8) The failure or refusal by any barber or other person in charge of any barber shop
3.10or barber school or barber college to supply clean hot and cold water in such quantities as
3.11may be necessary to conduct such shop, or the barbering service of such school or college,
3.12in a sanitary manner, or the failure or refusal of any such person to have water and sewer
3.13connections from such shop, or barber school or college, with municipal water and sewer
3.14systems where the latter are available for use, or the failure or refusal of any such person
3.15to maintain a receptacle for hot water of a capacity of not less than five gallons;
3.16(9) For the purposes of
sections
154.001,
154.002,
154.003,
154.01 to
154.161,
3.17154.19 to
154.21, and
154.24 to
154.26 this section, barbers, students, apprentices, or
3.18the proprietor or manager of a barber shop, or barber school or barber college, shall be
3.19responsible for all violations of the sanitary provisions of
sections
154.001,
154.002,
3.20154.003,
154.01 to
154.161,
154.19 to
154.21, and
154.24 to
154.26 this section, and if
3.21any barber shop, or barber school or barber college, upon inspection, shall be found to be
3.22in an unsanitary condition, the person making such inspection shall immediately issue an
3.23order to place the barber shop, or barber school, or barber college, in a sanitary condition,
3.24in a manner and within a time satisfactory to the Board of Barber and Cosmetologist
3.25Examiners, and for the failure to comply with such order the board shall immediately
3.26file a complaint for the arrest of the persons upon whom the order was issued, and any
3.27registered barber who shall fail to comply with the rules adopted by the Board of Barber
3.28and Cosmetologist Examiners, with the approval of the state commissioner of health, or
3.29the violation or commission of any of the offenses described in
this section and section
3.30154.16
154.161, subdivision 4, paragraph (a), clauses (1),
(2), (3),
and (4)
, (5), (6), (7),
3.31(8), (9) to (12),
and of clauses (1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section,
3.32shall be fined not less than $10 or imprisoned for ten days and not more than $100 or
3.33imprisoned for 90 days.
3.34 Sec. .... Minnesota Statutes 2008, section 154.51, is amended to read:
3.35154.51 ENFORCEMENT.
4.1 Subdivision 1. Proceedings. The provisions of section
154.161 apply to the
4.2administration of sections
154.40 to
154.54. If the board, or a complaint committee if
4.3authorized by the board, has a reasonable basis for believing that a person has engaged in
4.4or is about to engage in a violation of a statute, rule, or order that the board has adopted
4.5or issued or is empowered to enforce, the board or complaint committee may proceed as
4.6provided in subdivision 2 or 3. Except as otherwise provided in this section, all hearings
4.7must be conducted in accordance with the Administrative Procedure Act.
4.8 Subd. 2. Legal actions. (a) When necessary to prevent an imminent violation of a
4.9statute, rule, or order that the board has adopted or issued or is empowered to enforce, the
4.10board, or a complaint committee if authorized by the board, may bring an action in the
4.11name of the state in the District Court of Ramsey County in which jurisdiction is proper to
4.12enjoin the act or practice and to enforce compliance with the statute, rule, or order. On a
4.13showing that a person has engaged in or is about to engage in an act or practice that
4.14constitutes a violation of a statute, rule, or order that the board has adopted or issued
4.15or is empowered to enforce, the court shall grant a permanent or temporary injunction,
4.16restraining order, or other appropriate relief.
4.17(b) For purposes of injunctive relief under this subdivision, irreparable harm exists
4.18when the board shows that a person has engaged in or is about to engage in an act or
4.19practice that constitutes violation of a statute, rule, or order that the board has adopted or
4.20issued or is empowered to enforce.
4.21(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person
4.22from criminal prosecution by a competent authority, or from action by the board under
4.23subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application
4.24for examination, license, registration, or renewal.
4.25 Subd. 3. Cease and desist orders. (a) The board, or complaint committee if
4.26authorized by the board, may issue and have served upon an unlicensed or unregistered
4.27person, or a holder of a license or registration, an order requiring the person to cease and
4.28desist from an act or practice that constitutes a violation of a statute, rule, or order that
4.29the board has adopted or issued or is empowered to enforce. The order must (1) give
4.30reasonable notice of the rights of the person named in the order to request a hearing,
4.31and (2) state the reasons for the entry of the order. No order may be issued under this
4.32subdivision until an investigation of the facts has been conducted under section
214.10.
4.33(b) Service of the order under this subdivision is effective when the order is
4.34personally served on the person or counsel of record, or served by certified mail to the
4.35most recent address provided to the board for the person or counsel of record.
5.1(c) The board must hold a hearing under this subdivision not later than 30 days after
5.2the board receives the request for the hearing, unless otherwise agreed between the board,
5.3or complaint committee if authorized by the board, and the person requesting the hearing.
5.4(d) Notwithstanding any rule to the contrary, the administrative law judge must issue
5.5a report within 30 days of the close of the contested case hearing. Within 30 days after
5.6receiving the report and subsequent exceptions and argument, the board shall issue a
5.7further order vacating, modifying, or making permanent the cease and desist order. If no
5.8hearing is requested within 30 days of service of the order, the order becomes final and
5.9remains in effect until modified or vacated by the board.
5.10 Subd. 4. Licensing and registration actions. (a) With respect to a person who is a
5.11holder of or applicant for a license or registration under this chapter, the board may by
5.12order deny, refuse to renew, suspend, temporarily suspend, or revoke the application,
5.13license, or registration, censure or reprimand the person, refuse to permit the person to
5.14sit for examination, or refuse to release the person's examination grades, if the board
5.15finds that such an order is in the public interest and that, based on a preponderance of the
5.16evidence presented, the person has:
5.17(1) violated a statute, rule, or order that the board has adopted or issued or is
5.18empowered to enforce;
5.19(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, whether
5.20or not the conduct or acts relate to the practice of a profession regulated by this chapter, if
5.21the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's
5.22ability or fitness to engage in the practice of the profession;
5.23(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
5.24incompetence, or are otherwise in violation of the standards in the rules of the board,
5.25where the conduct or acts relate to the practice of a profession regulated by this chapter;
5.26(4) employed fraud or deception in obtaining a license, registration, renewal, or
5.27reinstatement, or in passing all or a portion of the examination;
5.28(5) had a license, registration, right to examine, or other similar authority revoked in
5.29another jurisdiction;
5.30(6) failed to meet any requirement for issuance or renewal of the person's license
5.31or registration;
5.32(7) practiced in a profession regulated by this chapter while having an infectious or
5.33contagious disease;
5.34(8) advertised by means of false or deceptive statements;
5.35(9) demonstrated intoxication or indulgence in the use of drugs, including but not
5.36limited to narcotics as defined in section
152.01 or in United States Code, title 26, section
6.14731, barbiturates, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants,
6.2stimulants, or tranquilizers;
6.3(10) demonstrated unprofessional conduct or practice;
6.4(11) permitted an employee or other person under the person's supervision or control
6.5to practice as a licensee, registrant, or instructor of a profession regulated by this chapter
6.6unless that person has (i) a current license or registration issued by the board, (ii) a
6.7temporary apprentice permit, or (iii) a temporary permit as an instructor of a profession
6.8regulated by the board;
6.9(12) practices, offered to practice, or attempted to practice by misrepresentation;
6.10(13) failed to display a license or registration as required by rules adopted by the
6.11board;
6.12(14) used any room or place of practice of a profession regulated by the board that
6.13is also used for any other purpose, or used any room or place of practice of a profession
6.14regulated by the board that violates the board's rules governing sanitation;
6.15(15) failed to use separate and clean towels for each customer or patron, or to discard
6.16and launder each towel after being used once;
6.17(16) in the case of a licensee, registrant, or other person in charge of any school or
6.18place of practice of a profession regulated by the board, (i) failed to supply in a sanitary
6.19manner clean hot and cold water in quantities necessary to conduct the service or practice
6.20of the profession regulated by the board, (ii) failed to have water and sewer connections
6.21from the place of practice or school with municipal water and sewer systems where they
6.22are available for use, or (iii) failed or refused to maintain a receptacle for hot water of a
6.23capacity of at least five gallons;
6.24(17) refused to permit the board to make an inspection permitted or required by this
6.25chapter, or failed to provide the board or the attorney general on behalf of the board
6.26with any documents or records they request;
6.27(18) failed promptly to renew a license or registration when remaining in practice,
6.28pay the required fee, or issue a worthless check;
6.29(19) failed to supervise an apprentice, or permitted the practice of a profession
6.30regulated by the board by a person not registered or licensed with the board or not holding
6.31a temporary permit;
6.32(20) refused to serve a customer because of race, color, creed, religion, disability,
6.33national origin, or sex;
6.34(21) failed to comply with a provision of chapter 141 or a provision of another
6.35chapter that relates to schools; or
7.1(22) with respect to temporary suspension orders, has committed an act, engaged
7.2in conduct, or committed practices that the board, or complaint committee if authorized
7.3by the board, has determined may result or may have resulted in an immediate threat
7.4to the public.
7.5(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
7.6condition of continued licensure or registration, termination of suspension, reinstatement
7.7of licensure or registration, examination, or release of examination results, require that
7.8the person:
7.9(1) submit to a quality review of the person's ability, skills, or quality of work,
7.10conducted in a manner and by a person or entity that the board determines; or
7.11(2) complete to the board's satisfaction continuing education as the board requires.
7.12(c) Service of an order under this subdivision is effective if the order is served in
7.13person, or is served by certified mail to the most recent address provided to the board by
7.14the licensee, registrant, applicant, or counsel of record. The order must state the reason
7.15for the entry of the order.
7.16(d) Except as provided in subdivision 5, paragraph (c), all hearings under this
7.17subdivision must be conducted in accordance with the Administrative Procedure Act.
7.18 Subd. 5. Temporary suspension. (a) When the board, or complaint committee if
7.19authorized by the board, issues a temporary suspension order, the suspension provided for
7.20in the order is effective on service of a written copy of the order on the licensee, registrant,
7.21or counsel of record. The order must specify the statute, rule, or order violated by the
7.22licensee or registrant. The order remains in effect until the board issues a final order in the
7.23matter after a hearing, or on agreement between the board and the licensee or registrant.
7.24(b) An order under this subdivision may (1) prohibit the licensee or registrant from
7.25engaging in the practice of a profession regulated by the board in whole or in part, as the
7.26facts require, and (2) condition the termination of the suspension on compliance with a
7.27statute, rule, or order that the board has adopted or issued or is empowered to enforce.
7.28The order must state the reasons for entering the order and must set forth the right to
7.29a hearing as provided in this subdivision.
7.30(c) Within ten days after service of an order under this subdivision, the licensee or
7.31registrant may request a hearing in writing. The board must hold a hearing before its own
7.32members within five working days of the request for a hearing. The sole issue at the
7.33hearing must be whether there is a reasonable basis to continue, modify, or terminate the
7.34temporary suspension. The hearing is not subject to the Administrative Procedure Act.
7.35Evidence presented to the board or the licensee or registrant may be in affidavit form only.
7.36The licensee, registrant, or counsel of record may appear for oral argument.
8.1(d) Within five working days after the hearing, the board shall issue its order and, if
8.2the order continues the suspension, shall schedule a contested case hearing within 30 days
8.3of the issuance of the order. Notwithstanding any rule to the contrary, the administrative
8.4law judge shall issue a report within 30 days after the closing of the contested case hearing
8.5record. The board shall issue a final order within 30 days of receiving the report.
8.6 Subd. 6. Violations; penalties; costs. (a) The board may impose a civil penalty of
8.7up to $2,000 per violation on a person who violates a statute, rule, or order that the board
8.8has adopted or issued or is empowered to enforce.
8.9(b) In addition to any penalty under paragraph (a), the board may impose a fee
8.10to reimburse the board for all or part of the cost of (1) the proceedings resulting in
8.11disciplinary action authorized under this section, (2) the imposition of a civil penalty under
8.12paragraph (a), or (3) the issuance of a cease and desist order. The board may impose a
8.13fee under this paragraph when the board shows that the position of the person who has
8.14violated a statute, rule, or order that the board has adopted or issued or is empowered to
8.15enforce is not substantially justified unless special circumstances make such a fee unjust,
8.16notwithstanding any rule to the contrary. Costs under this paragraph include, but are not
8.17limited to, the amount paid by the board for services from the Office of Administrative
8.18Hearings, attorney fees, court reporter costs, witness costs, reproduction of records, board
8.19members' compensation, board staff time, and expenses incurred by board members and
8.20staff.
8.21(c) All hearings under this subdivision must be conducted in accordance with the
8.22Administrative Procedure Act.
8.23 Subd. 7. Reinstatement. Upon petition of the former or suspended licensee or
8.24registrant, the board may reinstate a suspended, revoked, or surrendered license or
8.25registration. The board may in its sole discretion place any conditions on reinstatement of
8.26a suspended, revoked, or surrendered license or registration that it finds appropriate and
8.27necessary to ensure that the purposes of this chapter are met. No license or registration
8.28may be reinstated until the former licensee or registrant has completed at least one-half
8.29of the suspension period.
8.30 Sec. ....
[155A.20] BOARD OF COSMETOLOGIST EXAMINERS CREATED;
8.31TERMS.
8.32(a) A Board of Cosmetologist Examiners is established to consist of three
8.33cosmetologist members and one public member, as defined in section 214.02, appointed
8.34by the governor.
9.1(b) All cosmetologist members must be currently licensed in the field of cosmetology
9.2in Minnesota, have practiced in the licensed occupation for at least five years immediately
9.3prior to their appointment, be graduates from the 12th grade of high school or have
9.4equivalent education, and have knowledge of sections
154.40 to
154.54 and Minnesota
9.5Rules, chapters 2105 and 2110. The cosmetologist members shall be members of,
9.6or recommended by, a professional organization of cosmetologists, manicurists, or
9.7estheticians.
9.8(c) Membership terms, compensation of members, removal of members, the filling
9.9of membership vacancies, and fiscal year and reporting requirements shall be as provided
9.10in sections
214.07 to
214.09. The provision of staff, administrative services, and office
9.11space; the review and processing of complaints; the setting of board fees; and other
9.12provisions relating to board operations shall be as provided in chapter 214.
9.13(d) Members appointed to fill vacancies caused by death, resignation, or removal
9.14shall serve during the unexpired term of their predecessors."
9.15Page ..., after line ..., insert:
9.16 "Sec. .... Minnesota Statutes 2008, section 214.01, subdivision 3, is amended to read:
9.17 Subd. 3.
Non-health-related licensing board. "Non-health-related licensing
9.18board" means the Board of Teaching established pursuant to section
122A.07, the Board
9.19of Barber Examiners established pursuant to section
154.001,
the Board of Cosmetologist
9.20Examiners established pursuant to section 155A.20, the Board of Assessors established
9.21pursuant to section
270.41, the Board of Architecture, Engineering, Land Surveying,
9.22Landscape Architecture, Geoscience, and Interior Design established pursuant to section
9.23326.04
, the Private Detective and Protective Agent Licensing Board established pursuant
9.24to section
326.33, the Board of Accountancy established pursuant to section
326A.02, and
9.25the Peace Officer Standards and Training Board established pursuant to section
626.841.
9.26 Sec. .... Minnesota Statutes 2008, section 214.04, subdivision 3, is amended to read:
9.27 Subd. 3.
Officers; staff. The executive director of each health-related board and
9.28the executive secretary of each non-health-related board shall be the chief administrative
9.29officer for the board but shall not be a member of the board. The executive director or
9.30executive secretary shall maintain the records of the board, account for all fees received
9.31by it, supervise and direct employees servicing the board, and perform other services as
9.32directed by the board. The executive directors, executive secretaries, and other employees
9.33of the following boards shall be hired by the board, and the executive directors or executive
9.34secretaries shall be in the unclassified civil service, except as provided in this subdivision:
9.35 (1) Dentistry;
10.1 (2) Medical Practice;
10.2 (3) Nursing;
10.3 (4) Pharmacy;
10.4 (5) Accountancy;
10.5 (6) Architecture, Engineering, Land Surveying, Landscape Architecture,
10.6Geoscience, and Interior Design;
10.7 (7) Barber Examiners;
10.8 (8)
Cosmetology Cosmetologist Examiners;
10.9 (9) Teaching;
10.10 (10) Peace Officer Standards and Training;
10.11 (11) Social Work;
10.12 (12) Marriage and Family Therapy;
10.13 (13) Dietetics and Nutrition Practice;
10.14 (14) Licensed Professional Counseling; and
10.15 (15) Combative Sports Commission.
10.16 The executive directors or executive secretaries serving the boards are hired by those
10.17boards and are in the unclassified civil service, except for part-time executive directors
10.18or executive secretaries, who are not required to be in the unclassified service. Boards
10.19not requiring full-time executive directors or executive secretaries may employ them on
10.20a part-time basis. To the extent practicable, the sharing of part-time executive directors
10.21or executive secretaries by boards being serviced by the same department is encouraged.
10.22Persons providing services to those boards not listed in this subdivision, except executive
10.23directors or executive secretaries of the boards and employees of the attorney general, are
10.24classified civil service employees of the department servicing the board. To the extent
10.25practicable, the commissioner shall ensure that staff services are shared by the boards
10.26being serviced by the department. If necessary, a board may hire part-time, temporary
10.27employees to administer and grade examinations."
10.28Page ..., after line ..., insert:
10.29 "Sec. ....
TRANSFER OF AUTHORITY AND STAFF.
10.30 Subdivision 1. Transfer of authority. (a) The responsibilities of the Board of
10.31Barber and Cosmetologist Examiners covered in Minnesota Statutes 2008, sections
10.32154.001 to 154.26, are transferred under Minnesota Statutes, section 15.039, to the Board
10.33of Barber Examiners.
10.34(b) The responsibilities of the Board of Barber and Cosmetologist Examiners
10.35covered in Minnesota Statutes 2008, sections 154.40 to 154.54, are transferred under
10.36Minnesota Statutes, section 15.039, to the Board of Cosmetologist Examiners.
11.1 Subd. 2. Rulemaking. Rulemaking authority pursuant to Minnesota Statutes
11.22008, sections 154.001 to 154.26, of the Board of Barber and Cosmetologist Examiners
11.3is transferred to the Board of Barber Examiners. Rulemaking authority pursuant to
11.4Minnesota Statutes 2008, sections 154.40 to 154.54, of the Board of Barber and
11.5Cosmetologist Examiners is transferred to the Board of Cosmetologist Examiners. All
11.6rules adopted by the Board of Barber and Cosmetologist Examiners in Minnesota Rules,
11.7chapter 2100, remain in effect and shall be enforced until amended or repealed according
11.8to law by the Board of Barber Examiners. All rules adopted by the Board of Barber
11.9and Cosmetologist Examiners in Minnesota Rules, chapters 2105 and 2110, remain in
11.10effect and shall be enforced until amended or repealed according to law by the Board of
11.11Cosmetologist Examiners.
11.12 Subd. 3. Transfer of board members. The board members serving in unexpired
11.13terms appointed to the Board of Barber and Cosmetologist Examiners pursuant to
11.14Minnesota Statutes 2008, section 154.001, paragraph (b), shall be appointed to serve the
11.15remainder of their terms as members of the Board of Barber Examiners, notwithstanding
11.16the requirements of Minnesota Statutes, section 154.001, subdivision 1. The board
11.17members serving in unexpired terms appointed to the Board of Barber and Cosmetologist
11.18Examiners pursuant to Minnesota Statutes 2008, section 154.001, paragraph (c), shall be
11.19appointed to serve the remainder of their terms as members of the Board of Cosmetologist
11.20Examiners, notwithstanding the requirements of Minnesota Statutes, section 155A.20.
11.21 Subd. 4. Transfer of staff. (a) The staff of the Board of Barber and Cosmetologist
11.22Examiners is transferred to the Board of Barber Examiners and the Board of Cosmetologist
11.23Examiners under Minnesota Statutes, section 15.039, according to the requirements of
11.24paragraph (b). In addition to any other protection, no employee shall suffer job loss,
11.25have a salary reduced, or have employment benefits reduced as a result of the transfer
11.26of authority from the Board of Barber and Cosmetologist Examiners recommended or
11.27mandated by this section. No action taken after January 1, 2010, shall be considered a
11.28result of the transfer of authority for the purposes of this section.
11.29(b) On or before June 1, 2009, the Board of Barber and Cosmetologist Examiners
11.30must designate to which board each employee will transfer to under paragraph (a), and the
11.31board must notify each affected employee of the designation in writing.
11.32 Subd. 5. Exemption from hiring freeze. Notwithstanding any law, policy, or
11.33executive order that restricts the hiring of new employees or institutes a hiring freeze, the
11.34Board of Barber Examiners and the Board of Cosmetologist Examiners may hire staff
11.35necessary to accomplish their statutory duties. This exemption expires on December
11.3631, 2009.
12.1EFFECTIVE DATE.This section is effective July 1, 2009, except that the
12.2requirements of subdivision 4, paragraph (b), are effective the day following final
12.3enactment.
12.4 Sec. ....
COMMISSIONER OF FINANCE TO ALLOCATE FUNDS.
12.5The commissioner of finance shall allocate the 2010 and 2011 appropriations to the
12.6Board of Barber and Cosmetologist Examiners between the Board of Barber Examiners
12.7and the Board of Cosmetologist Examiners in a ratio that each organization received
12.8when it was separate."
12.9Page ..., after line ..., insert:
12.10 "Sec. ....
REVISOR'S INSTRUCTION.
12.11(a) The revisor of statutes shall delete "Board of Barber and Cosmetologist
12.12Examiners" and substitute "board" or "Board of Barber Examiners," as appropriate,
12.13wherever it appears in Minnesota Statutes, sections 154.001 to 154.26, and Minnesota
12.14Rules, chapter 2100.
12.15(b) The revisor of statutes shall delete "Board of Barber and Cosmetologist
12.16Examiners" and substitute "board" or "Board of Cosmetologist Examiners," as appropriate,
12.17wherever it appears in Minnesota Statutes, sections 154.40 to 154.54, and Minnesota
12.18Rules, chapters 2105 and 2110.
12.19(c) The revisor of statutes shall renumber each section of Minnesota Statutes listed
12.20in column A with the number listed in column B. The revisor shall also make necessary
12.21cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
12.22renumbering.
12.23
|
Column A
|
Column B
|
12.24
|
154.40
|
155A.21
|
12.25
|
154.41
|
155A.22
|
12.26
|
154.42
|
155A.23
|
12.27
|
154.43
|
155A.24
|
12.28
|
154.44
|
155A.25
|
12.29
|
154.45
|
155A.26
|
12.30
|
154.46
|
155A.27
|
12.31
|
154.465
|
155A.28
|
12.32
|
154.47
|
155A.29
|
12.33
|
154.48
|
155A.30
|
12.34
|
154.49
|
155A.31
|
12.35
|
154.50
|
155A.32
|
12.36
|
154.51
|
155A.33
|
12.37
|
154.52
|
155A.34
|
13.1
|
154.53
|
155A.35
|
13.2
|
154.54
|
155A.36"
|
13.3Renumber the sections in sequence and correct the internal references
13.4Amend the title accordingly