H*3119(Rat #0140, Act #0087 of 1989)  General Bill, By J.M. White
 A Bill the Code of Laws of South Carolina, 1976, by adding Section 40-7-16, so
 as to provide that after a certain date the amounts of all fees provided for
 under Chapter 7, Title 40 must be established by the State Board of Barber
 Examiners by regulation and to allow the Board after that date to increase the
 fees by not more than fifteen percent a year, and Section 40-7-19, so as to
 provide that the fees which may be assessed and collected by the Board under
 Chapter 7, Title 40 are those which are enumerated in this Section, provide
 that the amounts of those fees as set forth in this Section are applicable
 through a certain date at which time the amounts of the fees must be
 promulgated pursuant to Section 40-7-16, and provide that no new fee may be
 established except by enactment of the General Assembly; and to amend Sections
 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, and 40-7-300, all
 relating to barbers and barbering, so as to remove references to specific
 amounts of fees, delete the provision that fees may not be increased by the
 Board, and provide reference to fees in amounts established by the Board by
 regulation.-amended title

   01/10/89  House  Introduced and read first time HJ-56
   01/10/89  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-56
   02/01/89  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-8
   02/02/89  House  Objection by Rep. Barfield & G. Bailey HJ-21
   02/07/89  House  Objection by Rep. Blanding, McLeod & Foster HJ-27
   02/08/89  House  Debate adjourned until Wednesday, February 15,
                     1989 HJ-48
   03/02/89  House  Debate adjourned until Tuesday, March 21, 1989 HJ-3
   04/19/89  House  Objection withdrawn by Rep. Barfield, Blanding,
                     G. Bailey & Foster HJ-27
   04/19/89  House  Amended HJ-27
   04/19/89  House  Read second time HJ-32
   04/19/89  House  Unanimous consent for third reading on next
                     legislative day HJ-33
   04/20/89  House  Read third time and sent to Senate HJ-33
   04/25/89  Senate Introduced and read first time SJ-11
   04/25/89  Senate Referred to Committee on General SJ-11
   05/02/89  Senate Recalled from Committee on General SJ-37
   05/03/89  Senate Read second time SJ-10
   05/03/89  Senate Ordered to third reading with notice of
                     amendments SJ-10
   05/04/89  Senate Read third time and enrolled SJ-87
   05/11/89         Ratified R 140
   05/15/89         Signed By Governor
   05/15/89         Act No. 87
   05/15/89         See act for exception to or explanation of
                     effective date
   05/26/89         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-16, SO AS TO PROVIDE THAT AFTER A CERTAIN DATE THE AMOUNTS OF ALL FEES PROVIDED FOR UNDER CHAPTER 7, TITLE 40 MUST BE ESTABLISHED BY THE STATE BOARD OF BARBER EXAMINERS BY REGULATION AND TO ALLOW THE BOARD AFTER THAT DATE TO INCREASE THE FEES BY NOT MORE THAN FIFTEEN PERCENT A YEAR, AND SECTION 40-7-19, SO AS TO PROVIDE THAT THE FEES WHICH MAY BE ASSESSED AND COLLECTED BY THE BOARD UNDER CHAPTER 7, TITLE 40 ARE THOSE WHICH ARE ENUMERATED IN THIS SECTION, PROVIDE THAT THE AMOUNTS OF THOSE FEES AS SET FORTH IN THIS SECTION ARE APPLICABLE THROUGH A CERTAIN DATE AT WHICH TIME THE AMOUNTS OF THE FEES MUST BE PROMULGATED PURSUANT TO SECTION 40-7-16, AND PROVIDE THAT NO NEW FEE MAY BE ESTABLISHED EXCEPT BY ENACTMENT OF THE GENERAL ASSEMBLY; AND TO AMEND SECTIONS 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, AND 40-7-300, ALL RELATING TO BARBERS AND BARBERING, SO AS TO REMOVE REFERENCES TO SPECIFIC AMOUNTS OF FEES, DELETE THE PROVISION THAT FEES MAY NOT BE INCREASED BY THE BOARD, AND PROVIDE REFERENCE TO FEES IN AMOUNTS ESTABLISHED BY THE BOARD BY REGULATION.

Be it enacted by the General Assembly of the State of South Carolina:

Barbering fees; regulations; increase in fees

SECTION 1. Chapter 7, Title 40 of the 1976 Code is amended by adding:

"Section 40-7-16. Notwithstanding any other provision of this chapter, after June 30, 1990, the amounts of all fees provided for under this chapter must be established by the board by regulation, and the board may, after that date, increase the amount of any such fee by not more than fifteen percent a year."

Fees enumerated; amounts; etc.

SECTION 2. Chapter 7, Title 40 of the 1976 Code is amended by adding:

"Section 40-7-19. The fees which may be assessed and collected by the board under this chapter are those which are enumerated in this section. The amounts of those fees, as also set forth in this section, are applicable through June 30, 1990, at which time the amounts of the fees must be promulgated in accordance with the provisions of Section 40-7-16. No new fee may be established except by enactment of the General Assembly. The fees and their amounts are the following:

(1) Master hair care specialist

renewal fee ..................... $ 45.00

(2) Registered barber license

renewal fee ..................... $ 35.00

(3) Barbershop license

renewal fee ..................... $ 35.00

(4) Apprentice barber license

renewal fee ..................... $ 25.00

(5) Barber assistant license

renewal fee

(shampooist/manicurist) ........ $ 25.00

(6) Master hair care

exam fee ........................ $ 40.00

(7) Registered barber

exam fee ........................ $ 40.00

(8) Apprentice barber

exam fee ........................ $ 40.00

(9) Barber assistant

exam fee ........................ $ 40.00

(10) Master hair care

out-of-state exam fee ........... $ 45.00

(11) Registered barber

out-of-state exam fee ........... $ 45.00

(12) Apprentice barber

out-of-state exam fee ........... $ 45.00

(13) Barber assistant

out-of-state exam fee ........... $ 45.00

(14) Restoration fees (late fees)

for every license .............. $ 25.00

(15) Teacher's certificate

renewal fee ..................... $ 60.00

(16) Barber school

renewal fee ..................... $ 70.00

(17) New barbershop fee .............. $100.00

(18) New barber school fee .......... $150.00

(19) Student permit fee ............. $ 25.00

(20) Barber assistant permit fee

(shampooist/manicurist) ....... $ 25.00

(21) Reciprocity fee ................ $100.00

(22) Teacher's exam fee ............. $100.00

(23) On-the-job-training instructor

exam fee ...................... $ 40.00."

Fees; regulations

SECTION 3. The fourth paragraph of Section 40-7-25 of the 1976 Code is amended to read:

"The fee to be paid by an applicant for an examination to practice as a barber assistant is the amount established by the board by regulation, and the fee must accompany the application. The annual license fee for a barber assistant is the amount established by the board by regulation, and this license must be renewed June thirtieth of each year. Failure to renew as of July first of each year shall result in suspension of license, and the applicant must be reexamined by the board and pay the required fees."

Fees; regulations

SECTION 4. Section 40-7-100(4) of the 1976 Code is amended to read:

"(4) Unless the person passes the examination prescribed by the board and pays the required fee."

Fees; regulations

SECTION 5. Section 40-7-115 of the 1976 Code is amended to read:

"Section 40-7-115. A barber training a student in a shop is required to have had three years' experience as a registered barber and must have been examined by the South Carolina Board of Barber Examiners and determined to be qualified to train a student barber under laws governing barber training in the State. The fee to be paid by the registered barber for an examination to be qualified to train a student in a shop is the amount established by the board by regulation, and the fee must accompany the application."

Fees; regulations

SECTION 6. The second paragraph of Section 40-7-160 of the 1976 Code is amended to read:

"Upon receipt of these documents the board shall issue to him a certificate of registration to practice barbering in this State. A fee in the amount established by the board by regulation must be submitted with the application."

Fees; regulation

SECTION 7. Section 40-7-170 of the 1976 Code is amended to read:

"Section 40-7-170. All barbershops must be registered with the board. The registration and inspection fee for all new shops is the amount established by the board by regulation. Applications for registration and inspection of new shops must be made at least fifteen days before opening the shop. No new shop may be operated until all fees are paid and the shop has passed inspection. Annual renewal fees for shop registration are as established by the board by regulation and must be renewed as of the thirtieth day of June of each year. The fee for registration of an expired shop certificate is the amount established by the board by regulation."

Fees; regulations; language deleted

SECTION 8. Section 40-7-180 of the 1976 Code is amended to read:

"Section 40-7-180. The fee to be paid by an applicant for a student permit to train as a student barber is the amount established by the board by regulation, and the fee must accompany the application. The fee to be paid by an applicant for an examination to practice barbering as an apprentice is the amount established by the board by regulation, and the fee must accompany the application. The annual license fee of an apprentice is the amount established by the board by regulation. The fee to be paid by an applicant for an examination to determine his fitness to receive a certificate of registration as a registered barber is the amount established by the board by regulation, and the fee must accompany the application. The annual license fee of a registered barber is the amount established by the board by regulation. All licenses for apprentice and registered barbers must be renewed as of the thirtieth day of June of each year. The fee of registration of an expired certificate for apprentice barbers is the amount established by the board by regulation, and the fee for registration of an expired certificate for registered barbers is the amount established by the board by regulation. The board may regulate the payment of fees and prorate the annual license fee. The annual fee for a master hair care certificate is the amount established by the board by regulation."

Fees; regulation

SECTION 9. Section 40-7-300 of the 1976 Code is amended to read:

"Section 40-7-300. All barber colleges and teachers therein must be registered with the board. All teachers are required to have had three years' experience as practicing barbers and shall have successfully passed a teacher's examination as prescribed by the board. Registration and inspection fees for colleges are as established by the board by regulation. The examination fee for teachers is the amount established by the board by regulation, and annual renewal fees for registration of teachers are also as established by the board by regulation and must be renewed as of the first day of July of each year."

Time effective

SECTION 10. The changes to the provisions of Chapter 7, Title 40 of the 1976 Code contained in Sections 3, 4, 5, 6, 7, 8, and 9 of this act take effect on July 1, 1990. Sections 1 and 2 take effect upon approval by the Governor.