A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-7-15 SO AS TO PROVIDE LICENSURE TO PRACTICE BARBERING IS VOLUNTARY, AND TO PROVIDE FOR THE AUTHORITY AND LIMITATIONS OF LICENSED AND UNLICENSED BARBERS; BY AMENDING SECTION 40-7-20, RELATING TO DEFINITIONS CONCERNING BARBERS AND BARBERING, SO AS TO DEFINE THE TERM "REGISTERED BARBER"; BY AMENDING SECTION 40-7-200, RELATING TO PRACTICING BARBERING IN VIOLATION OF THE CHAPTER, SO AS TO PROVIDE IT IS UNLAWFUL FOR A PERSON TO FALSELY REPRESENT HIMSELF AS A LICENSED OR REGISTERED BARBER OR TO OTHERWISE VIOLATE CERTAIN STATUTORY PROVISIONS APPLICABLE TO LICENSED BARBERS; BY AMENDING SECTION 40-7-290, RELATING TO REQUIREMENTS FOR BARBERS WHO TRAIN STUDENTS, SO AS TO PROVIDE ONLY REGISTERED BARBERS MAY SUPERVISE AND TRAIN STUDENTS IN REGISTERED BARBER SCHOOLS; BY AMENDING SECTION 40-7-320, RELATING TO THE REQUIREMENT THAT BARBERSHOPS BE REGISTERED AND THE MANDATORY POSTING OF INSPECTION RATINGS AND REGULATIONS IN BARBERSHOPS AND BARBER SCHOOLS, SO AS TO PROVIDE RELATED STATUTORY REQUIREMENTS AND REGULATIONS APPLY REGARDLESS OF WHETHER INDIVIDUALS WHO OWN, OPERATE, OR PRACTICE WITHIN A BARBERSHOP ARE LICENSED BARBERS, AND TO PROVIDE A PERSON MAY OWN, OPERATE, OR WORK IN A REGISTERED BARBERSHOP WITHOUT BEING A REGISTERED BARBER; AND BY REPEALING SECTION 40-7-30 RELATING TO THE REQUIREMENT OF LICENSURE TO BE A BARBER OR PRACTICE BARBERING.

 

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

 

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

 

    Section 40-7-15. (A) A person may practice barbering in this State without obtaining a license issued by the board.

    (B) A person who elects to obtain a license under this chapter:

       (1) may use the title "registered barber"; and

       (2) is subject to the jurisdiction of the board.

    (C) Only individuals licensed by the board may:

       (1) hold themselves out as a "registered barber"; or

       (2) perform services expressly restricted by this chapter to licensed individuals.

    (D) Nothing in this chapter may be construed to prohibit an unlicensed person from engaging in the practice of barbering, except as otherwise expressly provided in this chapter.

 

SECTION 2.  Section 40-7-20 of the S.C. Code is amended by adding:

 

    (3) "Registered barber" means an individual who is licensed pursuant to this chapter.

 

SECTION 3.  Section 40-7-200 of the S.C. Code is amended to read:

 

    Section 40-7-200.  It is unlawful for a person to falsely represent himself as a licensed or registered barber or to otherwise violate a provision of this chapter applicable to licensed individuals. A person who violates this section is subject to the penalties provided in this chapter. A person who practices or offers to practice barbering in this State in violationviolates a provision of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.

 

SECTION 4.  Section 40-7-290 of the S.C. Code is amended by adding:

 

    (C) Only a registered barber may supervise and train students in a barber school.

 

SECTION 5.  Section 40-7-320 of the S.C. Code is amended to read:

 

    Section 40-7-320.  (A) A barbershop must be registered with the board.  Applications for registration and inspection of new shops must be made at least fifteen working days before opening the shop.  No new shop may be operated until all fees are paid and the shop has passed inspection.

    (B) A copy of the inspection rating and copy of the regulations for the sanitary management of a barbershop, as provided for in Section 40-7-60, must be posted in a conspicuous place in each barbershop or barber school.

    (C) Barbershop licensure and inspection requirements of this chapter and regulations promulgated pursuant to this chapter apply regardless of whether individuals who own, operate, or practice in a barbershop are licensed; provided, however, that a person may own, operate, or work in a registered barbershop without being licensed as a registered barber pursuant to this chapter.

 

SECTION 6.  Section 40-7-30 of the S.C. Code is repealed.

 

SECTION 7.  This act takes effect upon approval by the Governor.

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