Aisha Wahab

(1) Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology until January 1, 2027, to license and regulate barbering, cosmetology, electrology, esthetics, hairstyling, and manicuring. Existing law requires a person, firm, or corporation operating an establishment where licensed activity occurs to obtain a license from the board for that establishment. Existing law requires an establishment to at all times be in the charge of a person licensed pursuant to the act, except an apprentice. 

This bill would extend the provisions relating to the establishment of the board to January 1, 2031. The bill would also require a partnership or limited liability company that desires to operate an establishment where licensed activity occurs to apply to obtain a license for that establishment. For any corporation or limited liability company operating such an establishment, the bill would require the organization to be registered and in good standing with the Secretary of State, and would provide for the suspension of any license from the board for a corporation or limited liability company that is not in good standing with the Secretary of State. The bill would require the board to license any federally recognized tribe, as defined, that applies for licensure and is otherwise compliant with the requirements of a licensee, and would exempt a federally recognized tribe from requirements relating to registration and good standing with the Secretary of State. The bill would also require an establishment to be in the charge of a person licensed pursuant to the act as a barber, cosmetologist, electrologist, esthetician, hairstylist, manicurist, or establishment at all times during which barbering, cosmetology, electrology, esthetics, hairstyling services, or manicuring are being performed in the establishment.

(2) Existing law makes it a crime for a person, firm, or corporation to engage in specified regulated activity without a valid unexpired license issued by the board.

This bill would expand this provision to include partnerships and limited liability companies engaged in regulated activity. By expanding the operation of a crime, this bill would impose a state-mandated local program.

(3) Existing law provides for licensed apprenticeships to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or electrology in a licensed establishment under the supervision of a licensee approved by the board. Existing law requires an apprenticeship training program to be conducted in compliance with the Shelley-Maloney Apprentice Labor Standards Act of 1939, as specified.

This bill would require an apprenticeship program sponsor, as defined, to obtain approval from the board to administer an apprenticeship program in barbering, cosmetology, or electrology. The bill would require an applicant seeking approval from the board to submit an application and fee and to comply with specified requirements, including submitting a copy of the agreement between the apprenticeship program sponsor and a local educational agency to the board.

 This bill, among other requirements, would require an apprenticeship program sponsor to first be approved by the Division of Apprenticeship Standards. The bill would authorize the board to revoke, suspend, or deny approval of an apprenticeship program sponsor for specified acts, including unprofessional conduct. The bill would prohibit an apprenticeship training program from charging fees for an individual to participate in an apprenticeship program other than the actual cost of textbooks and minimum equipment.

This bill would authorize the board to approve a person licensed as a barber, cosmetologist, or electrologist to provide on-the-job training to an apprentice who agrees to specified requirements, including being present at all times that the apprentice is providing services. The bill would also authorize the board to approve an establishment to employ a person licensed as a barber, cosmetologist, or electrologist to provide on-the-job training to an apprentice if the establishment agrees to satisfy specified conditions, including paying the apprentice an hourly wage in accordance with the apprenticeship agreement. The bill would require the establishment and the trainer to certify that they have no outstanding fines and no pending or past disciplinary actions. By expanding the crime of perjury, this bill would impose a state-mandated local program.

This bill would require that an apprentice submit to the board a copy of the apprentice agreement entered into between the approved program sponsor and the apprentice, and would require the apprentice to be employed by the owner of a licensed establishment. The bill would make the failure to comply with the laws relating to apprenticeships by a trainer, establishment owner, or apprenticeship sponsor grounds for disciplinary action, citation and fines, and prohibition from hiring future apprentices.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.