S4540

An Act concerning licensure in barbering and amending P.L.1984, c.205.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 28 of P.L.1984, c.205 (C.45:5B-28) is amended to read as follows:

28. a. Applicants possessing a license to render services in another state or a foreign country, which services are included within the definition of cosmetology and hairstyling as set forth in P.L.1984, c.205 (C.45:5B-1 et seq.), may be issued a license as a cosmetologist-hairstylist, beautician, barber, manicurist, hair braiding or skin care specialist, as appropriate, without examination, provided, however, that the state or country has established eligibility criteria substantially similar to those established in this State, and the applicant has paid a fee as required by the board and submitted certification from the licensing jurisdiction. A person possessing a license to practice cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding or skin care specialty services issued by a licensing authority from another state or a foreign country which has established eligibility criteria with respect to cosmetology and hairstyling, beauty culture, barbering, manicuring, hair braiding or skin care specialty training which are, in the opinion of the board, less stringent than those required in this State may, nevertheless, be eligible for licensure without examination, if [he] the person can present satisfactory evidence of prior practical experience of three years working in a licensed shop in the practice in which the applicant is seeking licensure.

b. [There is established a] The three-year pilot program [,] established pursuant to P.L.2019, c.20 (C.45:5B-28) shall be extended for an additional three-year period. The program shall continue to be administered by the board in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety [, in] and be applicable to [any city of the second class having a population of not less than 69,000 persons or more than 80,000 persons that is located in a county of the second class having a population of not less than 500,000 persons or more than 510,000 persons, according to the 2010 federal decennial census, to permit] a pilot city. A provisional permit shall be issued to a person possessing a license to [render] provide barbering services in another state or foreign country or to a person who provided barbering services in another state or foreign country that does not issue licenses to provide barbering services, which services are included within the definition of barbering as set forth in section 3 of P.L.1984, c.205 (C.45:5B-3), to practice as a barber upon first arrival in this State and while awaiting the issuance of a license as a barber pursuant to subsection

program pursuant to this subsection shall remain valid for 120 days, and shall be eligible for extension if the applicant continues to satisfy the criteria of the pilot program and the approval of an application for a barbering license remains pending. A person that renders barbering services [without a license] pursuant to a provisional permit issued under the pilot program [established] pursuant to this subsection [,] shall not be in violation of section 14 of P.L.1995, c.82 (C.45:5B-12.1) or any other provision of P.L.1984, c.205 (C.45:5B-1 et seq.) that prohibits the practice of barbering without a license, provided that the person has made a good faith effort to obtain a license in this State pursuant to the provisions of subsection a. of this section and the person is under the direct supervision of a barber licensed in this State pursuant to P.L.1984, c.205 (C.45:5B-1 et seq.).

c. The board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, shall submit a report evaluating the effectiveness of the pilot program [established] pursuant to subsection b. of this section to the Governor and, pursuant to the provisions of section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature upon completion of the pilot program.

d. As used in this section:

“Pilot city” means the cities of Elizabeth, Passaic, Paterson, and Perth Amboy.

(cf: P.L.2019, c.20, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill provides that persons who, prior to moving to New Jersey, rendered barbering services in another state or foreign country that does not issue licenses to provide barbering services, may qualify for a provisional permit under the three-year pilot program, which was established in P.L.2019, c.20 (C.45:5B-28) and is extended for an additional three years. The pilot program is applicable to a pilot city, which is defined to mean Elizabeth, Passaic, Paterson, and Perth Amboy.

Under the bill, a provisional permit issued under the pilot program is to be valid for a period of 120 days and is subject to an extension if the applicant continues to meet the criteria of the pilot program and the application for issuance of a license remains pending.

Under current law, the three-year pilot program applies only to those persons who possess a license to render barbering services in another state or foreign country and who meet certain other criteria.