PRINTER'S NO. 1801
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1260
Session of
2015
INTRODUCED BY SCAVELLO, ARGALL, SCARNATI, RAFFERTY AND COSTA,
MAY 11, 2016
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 11, 2016
AN ACT
Amending the act of May 3, 1933 (P.L.242, No.86), entitled, as
amended, "An act to promote the public health and safety by
providing for examination, licensing and granting of permits
for those who desire to engage in the profession of
cosmetology; defining cosmetology, and regulating cosmetology
salons, schools, students, apprentices, teachers, managers,
manicurists and cosmetologists; conferring powers and duties
upon the Commissioner of Professional and Occupational
Affairs of the Department of State; providing for appeals to
certain courts by applicants and licensees; and providing
penalties," further providing for management of cosmetology
salons and for powers and duties of board; and providing for
variances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4.4 and 13 of the act of May 3, 1933
(P.L.242, No.86), referred to as the Cosmetology Law, are
amended by adding subsections to read:
Section 4.4. Management of Cosmetology Salons.--* * *
(d) A salon owner that has been awarded a license under this
act and moves or vacates the license must resubmit the variance
request to the board. Any variance previously awarded by the
board to the salon owner shall be void.
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Section 13. Powers and Duties of Board.--* * *
(d) The board shall publish its meeting agenda on the
board's publicly accessible Internet website not less than
thirty (30) days prior to the meeting. The publication shall
include a detailed description of each item on the meeting
agenda.
Section 2. The act is amended by adding a section to read:
Section 13.1. Variances.--(a) When awarding a variance
request, the board shall provide a detailed explanation of its
decision.
(b) In deciding a variance request, the board may not:
(1) Delegate the review and decision on the variance request
to a staff member of the board or any person designated by the
board. Nothing in this paragraph shall be construed to prohibit
the board from authorizing a staff member or other person to
review and recommend a decision to the board on a variance
request, provided that the board makes the final decision on the
variance request.
(2) Award the variance for new construction, additions or
renovations, unless the requester demonstrates an extenuating
need for the variance.
(3) Award the variance for a shared lavatory. A lavatory
shall be located within the square footage of the salon.
(4) Award the variance if the salon would be permitted to
share the same space as another salon or other business.
Section 3. This act shall take effect in 60 days.
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