West Virginia 2020 Regular Session Status: Enacted 1 R cosponsors

HB 4607 — Authorizing the operation of mobile shops for hair, nail, cosmetology, and aesthetics services

Last action — Chapter 251, Acts, Regular Session, 2020

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2020. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

388 added · 17 removed

Plain-language change summary

The updated version of HB 4607 includes added provisions that clarify the operation of mobile shops for hair and nail services. It specifies prerequisites for setting up these mobile services and requires that shops visibly display their licenses. These changes aim to modernize the regulatory framework and ensure that mobile beauty services meet required standards, which is important for protecting consumer safety and promoting professional practices in the industry. Additionally, some outdated language was removed to simplify the bill.

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HB4607 SFAT #1 Maynard 3-5 Badley  7935   Senator Maynard moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
HB 4607 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
Eng.
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
House Bill No.
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 4607 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
4607—A Bill to amend and reenact §30-27-3 of the Code of West Virginia, 1931, as amended;
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 4607 By Delegate Howell [Passed March 7, 2020;
in effect ninety days from passage.]   AN ACT to amend and reenact §30-27-3 of the Code of West Virginia, 1931, as amended;
      Adopted Rejected    
Be it enacted by the Legislature of West Virginia:
ARTICLE 27.
BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-3.
Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(a) “Aesthetics” or “esthetics” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
(1) Administering cosmetic treatments to enhance or improve the appearance of the skin, including cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating, or performing any other similar procedure on the skin of the human body or scalp;
(2) Applying, by hand or with a mechanical or electrical apparatus, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams, or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, back, shoulders, hands, elbows and feet up to and including the knee;
(3) The rubbing, cleansing, exercising, beautifying, or grooming of another person’s face, neck, back, shoulders, hands, elbows, and feet, up to and including the knee;
(4) The waxing and tweezing of hair on another person’s body;
(5) The wrapping of another person’s body in a body wrap;
(6) Applying artificial eyelashes and eyebrows;
and (7) The lightening of hair on the body except the scalp.
(b) “Aesthetician” or “esthetician” means a person licensed under the provisions of this article who engages in the practice of aesthetics and has completed 600 clock hours of training.
(c) “Applicant” means a person making application for a professional license, license, certificate, registration, permit, or renewal under the provisions of this article.
(d) “Barber” means a person licensed under the provisions of this article who engages in the practice of barbering and has completed a 1,200 clock-hour barber training program without chemical services, or a 1,500 clock-hour barber training program with chemical services, or has successfully completed the barber apprenticeship program.
(e) “Barbering” means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:
(1) Shaving, shaping, and trimming the beard, or both;
(2) Cutting, singeing, arranging, dressing, tinting, bleaching, or applying lotions or tonics on human hair, or a wig or hairpiece;
and (3) Applications, treatments, or rubs of the scalp, face, or neck with oils, creams, lotions, cosmetics, antiseptics, powders, or other preparations in connection with the shaving, cutting, or trimming of the hair or beard.
(f) “Barber crossover” is a person who has completed 1,200 or 1,500 clock hours of training, is licensed as a barber, and completed additional hours of training in nails, aesthetics, and/or chemical services, to the total amount of 2,100 hours, to perform cosmetology.
(g) “Barber permanent waving” means the following acts performed on the head and neck for compensation and not for the treatment of disease:
(1) The bleaching or tinting of hair;
and (2) The permanent waving of hair.
(h) “Barber permanent wavist” means a person who has completed 2,000 clock hours of training and was licensed to perform barbering and barber permanent waiving enrolled by August 28, 2012.
(i) “Board” means the West Virginia Board of Barbers and Cosmetologists.
(j) “Certificate” means an instructor certificate to teach in a school under the provisions of this article or a document issued by the board for certification obtained pursuant to §30-27-8b of this code.
(k) “Certificate holder” means a person certified as an instructor to teach in a school under the provisions of this article, or who has obtained a certification pursuant to §30-27-8b of this code.
(l) “Cosmetologist” means a person licensed under the provisions of this article who engages in the practice of cosmetology and who has completed 1,800 clock hours of training.
(m) “Cosmetology” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
(1) Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, cleansing, singeing, bleaching, tinting, coloring, waxing, tweezing, or similarly, work on human hair, or a wig or hairpiece, by any means, including hands, mechanical, or electrical devices or appliances;
(2) Nail care;
(3) Applying by hand or with a mechanical or electrical device or appliance, any cosmetics, makeups, oils, powders, clays, antiseptics, tonics, lotions, creams or chemical preparations necessary for the practice of aesthetics to another person’s face, neck, shoulders, hands, elbows, and feet, up to and including the knee;
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(4) The rubbing, cleansing, exercising, beautifying, or grooming of another person’s face, neck, shoulders, hands, elbows, and feet, up to and including the knee;
(5) The wrapping of another person’s body in a body wrap;
and (6) Performing aesthetics.
(n) “Cosmetology crossover” is a person who has completed 1,800 clock hours of training, is licensed as a cosmetologist, and completes an additional 300 hours of training in clipper cuts and face shaving to perform barbering, for a total of 2,100 hours.
(o) “General supervision” means:
(1) For schools, a master or certified instructor is on the premises and is quickly and easily available;
or (2) For salons, a professional licensee is on the premises and is quickly and easily available.
(p) “Hair styling” means any one or any combination of the following acts when done on the head and neck for compensation and not for the treatment of disease:
Cutting, styling, shaping, arranging, braiding, weaving, dressing, adding extensions, curling, facial hair trimming, scalp treatments, waving, permanent waving, relaxing, straightening, singeing, bleaching, tinting, coloring, or similar, work on human hair, or a wig or hairpiece, by any means, including hands, mechanical or electrical devices, or appliances.
(q) “Hair stylist” means a person licensed under the provisions of this article who engages in the practice of hair styling and who has completed 1,000 clock hours of training, effective July 1, 2016.
(r) “License” means a professional license, a salon license, or a school license.
(s) “Licensed school” means a facility which has been approved by the West Virginia Council for Community and Technical College Education (CCTCE), Department of Education in conjunction with CCTCE, or Department of Education in conjunction with the Department of Corrections pursuant to §18B-2B-9 of this code to educate persons to be licensed or issued certain permits under the provisions of this article.
(t) “Licensee” means a person, corporation, or firm holding a license issued under the provisions of this article.
(u) “Mobile shop” means any self-contained, self-supporting, enclosed unit which is constructed in either a motorized vehicle or a towable trailer as a portable facility for providing any of the professional services set forth in this article to the public.
(v) “Nail care” means any one or any combination of the following acts when done on the human body for compensation and not for the treatment of disease:
(1) The cleansing, dressing, or polishing of nails of a person;
(2) Performing artificial nail service;
and (3) The cosmetic treatment of the feet up to the knee and the hands up to the elbow.
(w) “Nail technician” or “manicurist” means a person licensed under the provisions of this article who engages in the practice of nail care and has completed 400 clock hours of training.
(x) “Permit” means a work permit.
(y) “Permitee” means a person holding a work permit.
(z) “Professional license” means a license to practice as an aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist, or nail technician.
(aa) “Registration” means a registration issued by the board to a person who rents or leases a booth or chair from a licensed salon owner and operator, or both, or a registration issued by the board to a person who is a student in a school.
(bb) “Registrant” means a person who holds a registration under the provisions of this article.
(cc) “Salon” means a shop or other facility where a person practices under a professional license.
(dd) “Salon license” means a license to own and operate a salon.
(ee) “Student registration” means a registration issued by the board to a student to study at a school licensed under the provisions of this article.
(ff) “Waxing specialist” means a person certified under the provisions of this article who engages in the practice of waxing and tweezing of hair on another person’s body.
(gg) Hair braiding, threading, and any other item not spelled out are not regulated by the West Virginia Board of Barbers and Cosmetologists.
§30-27-17a.
Mobile shops.
(a) Every mobile shop in this state offering services set forth in this article shall be operated under the supervision and management of a professional licensee or certificate holder licensed under this article.
(b) Prior to opening a mobile shop, any person, firm, or corporation owning and/or operating the mobile shop shall meet the following requirements to acquire a mobile shop license to do business:
(1) Provide to the board a physical description and photographs of the exterior of the mobile shop and, if applicable, its vehicle registration number to facilitate ready identification of the mobile shop;
(2) Meet all board requirements and qualifications for a place of business, not incompatible with a mobile facility, as are required by this article;
(3) Notify the board, in writing, at least 20 days before the proposed opening date, so there can be an inspection of the mobile shop:
Provided, That if an inspection is not made within 10 days of the opening of the mobile shop, or a mobile shop license to open has not been granted or refused, then the mobile shop may open provisionally subject to a later inspection and to all other provisions and rules provided in this article;
and (4) Pay all applicable fees.
(c) Every mobile shop shall be equipped with an electronic device, approved by the board, capable of transmitting its location, as well as an identifying label or call sign, to the board at all times.
This device shall be in operation at all times that the mobile shop is open and at additional times specified by the board.
(d) If the mobile shop visits identified locations on a regular schedule, the managing licensee shall provide a copy of the schedule to the board and shall notify the board in writing of any changes to the regular schedule within five days of changing the schedule.
(e) Each mobile unit shall, at a minimum, be equipped with each of the following functioning systems:
(1) A self-contained, potable water supply of not less than 100 gallons, and waste water collection tanks shall be of adequate capacity;
(2) Continuous, on-demand hot water tanks which shall have not less than a six-gallon capacity;
and (3) A cooling and heating system sufficient to maintain a comfortable room temperature in the mobile shop during all hours of operation.
(f) All mobile shop licenses must be renewed annually on or before July 1 and pay a renewal fee.
(g) The mobile shop license shall be permanently displayed in the mobile shop, and a suitable sign shall be displayed at the entrance of the mobile shop which shall plainly indicate the business conducted therein.
The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
    ...............................................................
        Chairman, House Committee                          ...............................................................
                             Chairman, Senate Committee                                                       Originating in the House.
  In effect ninety days from passage.
    ...............................................................
                  Clerk of the House of Delegates                          ...............................................................
                                                   Clerk of the Senate                                         ...............................................................
                                                   Speaker of the House of Delegates                                                                 ...............................................................
                                                                                     President of the Senate     __________             The within ...................................................
this the...........................................
  day of ..........................................................................................................., 2020.
                                                    .............................................................
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Action History

  1. Chapter 251, Acts, Regular Session, 2020

  2. Approved by Governor 3/25/20

  3. To Governor 3/19/20

  4. Approved by Governor 3/25/20 - House Journal

  5. Approved by Governor 3/25/20 - Senate Journal

  6. To Governor 3/19/20 - House Journal

  7. To Governor 3/19/20 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 766)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate with amended title (Roll No. 558)

  15. Read 3rd time

  16. Floor amendment adopted (Voice vote)

  17. Committee amendment withdrawn by unanimous consent

  18. On 3rd reading with right to amend, amendment pending

  19. Read 2nd time

  20. Returned to calendar by Rules Committee

  21. Removed from calendar by Rules Committee

  22. On 2nd reading

  23. Read 1st time

  24. Immediate consideration

  25. Reported do pass, with amendment

  26. To Government Organization

  27. To Government Organization

  28. Introduced in Senate

  29. Communicated to Senate

  30. Passed House (Roll No. 123)

  31. Read 3rd time

  32. On 3rd reading, Special Calendar

  33. Read 2nd time

  34. On 2nd reading, Special Calendar

  35. Read 1st time

  36. On 1st reading, Special Calendar

  37. Do pass

  38. To House Government Organization

  39. Introduced in House

  40. To Government Organization

  41. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 151 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE-SENATE AMENDED HB

Passed 99 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 24100
Unaffiliated 70000
Democrat 5000
Total 99100
% of votes cast 99%1%0%0%
How each member voted (100)
Member Party Vote
Kessinger — Yea
Angelucci — Yea
Espinosa — Yea
Kump — Yea
Rowan — Yea
Atkinson — Yea
Estep-Burton — Yea
Lavender-Bowe — Yea
Rowe — Yea
Evans — Yea
Linville — Yea
Shott — Yea
Barnhart — Yea
Fast — Yea
Little — Yea
Skaff — Yea
Fleischauer — Yea
Longstreth — Yea
Sponaugle — Yea
Lovejoy — Yea
Staggers — Yea
Bates — Yea
Foster — Yea
Mandt — Yea
Steele — Yea
Bibby — Yea
Graves — Yea
Storch — Yea
Boggs — Yea
Hamrick — Yea
Summers — Yea
Brown, N. — Yea
Hanna — Yea
Maynard — Yea
Swartzmiller — Yea
Brown, S. — Yea
Sypolt — Yea
Hardy — Yea
Miley — Yea
Thompson, C. — Yea
Byrd — Yea
Hartman — Yea
Thompson, R. — Yea
Cadle — Yea
Hicks — Yea
Nelson — Yea
Tomblin — Yea
Higginbotham — Yea
Pack — Yea
Canestraro — Yea
Hill — Yea
Paynter — Yea
Walker — Yea
Capito — Yea
Pethtel — Yea
Waxman — Yea
Caputo — Yea
Phillips — Yea
Westfall — Yea
Householder — Yea
Porterfield — Yea
Cowles — Yea
Wilson — Yea
Pyles — Yea
Jeffries, J. — Yea
Zukoff — Yea
Diserio — Yea
Robinson — Yea
Doyle — Yea
Rodighiero — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Nay
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 27 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 25502
Total 27502
% of votes cast 79%15%0%6%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Nay
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Not Voting
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Nay
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Not Voting
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Nay
ROBERTS — Yea
WELD — Nay
HARDESTY — Nay
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Yea
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

PASSAGE

Passed 94 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 22201
Unaffiliated 67201
Democrat 5000
Total 94402
% of votes cast 94%4%0%2%
How each member voted (100)
Member Party Vote
Evans — Yea
Lavender-Bowe — Yea
Rowe — Yea
Angelucci — Yea
Fast — Yea
Linville — Yea
Shott — Yea
Atkinson — Yea
Fleischauer — Yea
Little — Yea
Skaff — Yea
Longstreth — Yea
Sponaugle — Yea
Barnhart — Yea
Foster — Yea
Lovejoy — Yea
Staggers — Yea
Graves — Yea
Mandt — Yea
Steele — Yea
Hamrick — Yea
Storch — Yea
Bates — Yea
Hanna — Yea
Summers — Yea
Bibby — Yea
Maynard — Yea
Swartzmiller — Yea
Boggs — Yea
Hardy — Yea
Sypolt — Yea
Brown, N. — Yea
Hartman — Yea
Miley — Yea
Thompson, C. — Yea
Brown, S. — Yea
Hicks — Yea
Thompson, R. — Yea
Higginbotham — Yea
Nelson — Yea
Tomblin — Yea
Byrd — Yea
Hill — Yea
Pack — Yea
Cadle — Yea
Paynter — Yea
Walker — Yea
Pethtel — Yea
Waxman — Yea
Canestraro — Yea
Householder — Yea
Phillips — Yea
Westfall — Yea
Capito — Yea
Porterfield — Yea
Caputo — Yea
Wilson — Yea
Jeffries, J. — Yea
Pyles — Yea
Cowles — Yea
Zukoff — Yea
Rodighiero — Yea
Doyle — Yea
Kessinger — Yea
Espinosa — Yea
Kump — Yea
Rowan — Yea
Diserio — Nay
Robinson — Nay
Estep-Burton — Not Voting
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Nay
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Nay
William Anderson Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 4607?
HB 4607 is sponsored by Gary G. Howell (Republican).
What is the current status of HB 4607?
This bill has been enacted into law. Introduced January 30, 2020. Enacted.
Where can I track HB 4607?
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