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House Bill 139

House Bill 139

Wayne Hoffman
February 15, 2017

Bill description: This bill combines occupational licensure boards and reduces some of the regulations for cosmetologists.

Rating: +4

Analyst note: This bill repeals Chapters 5, barber and 8, cosmetology licensure, combining the two in a new Chapter 58, the Barber and Cosmetology Services Act. The bill, however, does far more than combine boards. It reduces some regulation for the industry. The measure still contains many problematic and anti-free market provisions in the code, reinstated in House Bill 139.  

Related: Wayne Hoffman: Beautiful bill puts Idahoans back to work, loosens regulations.

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market?

This bill would allow two kinds of professionals to work in Idaho without a license, “persons whose practice for compensation is limited to event styling” (+1) and “employees or owners of businesses that offer thermal styling equipment for sale at retail who demonstrate use of thermal styling equipment on customers' hair in connection with the sale or attempted sale of the product, without compensation from the customer other than the price of the product.” (+1) Under current law, both activities are subject to government regulation and licensure.

Does it increase barriers to entry into the market?

By recodifying the statute, the bill reduces the number of hours of training and instruction needed to obtain a license. A cosmetologist currently needs as many as 2,000 hours of course instruction. This bill lowers the amount to 1,600. (+1)

Does it directly or indirectly create or increase any taxes, fees, or other assessments?

This bill contains a new “grace” provision. If a licensee fails to renew his or her license but the licensee is otherwise in compliance with state regulations and laws, the board shall renew said license retroactive to the date of cancellation. (+1)

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