Report Title:

Barbering and Beauty Culture


Repeals HRS chapters 438, Barbering, and 439, Beauty Culture.


H.B. NO.









RElating to professions and occupations.



SECTION 1. The purpose of this Act is to reduce government costs and increase government efficiency by terminating the unnecessary regulation of barbering and beauty culture.

Sunset evaluations of barbering and beauty culture have been conducted by the legislative auditor in 1980, 1986, 1988, and 2000. Each time the legislative auditor found little evidence of a need for government oversight and recommended deregulation. In its most recent report, the legislative auditor reviewed evidence of physical harm resulting from the practice of barbering and beauty culture and found little to no evidence of physical harm or risk of physical harm to consumers. The legislative auditor also found that the following regulatory and other safeguards already protect consumers:

(1) The department of health is authorized to protect public health and safety relative to barbers, hairdressers, cosmeticians, cosmetologists, and beauticians and currently regulates barbershops and beauty parlor sanitation;

(2) The department of education is responsible for regulating technical, vocational, and trade schools, including those for barbering and beauty culture;

(3) The department of labor and industrial relations oversees voluntary apprenticeship programs;

(4) The U.S. Food and Drug Administration and Consumer Product Safety Commission provide oversight of products used in barbering and beauty culture; and

(5) Other protective incentives include the cost of malpractice insurance, the potential for liability lawsuits, and practitioners' word-of-mouth reputations.

The legislative auditor found that the relatively high failure rates of barbering and beauty culture examinations indicate they are barriers to entry that limit consumer choice while increasing consumer costs. The legislative auditor again recommended the repeal of chapter 438 (Barbering, Practice of), Hawaii Revised Statutes, and chapter 439 (Beauty Culture), Hawaii Revised Statutes.

SECTION 2. Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The board of acupuncture, board of public accountancy, [board of barbering and cosmetology,] boxing commission, board of chiropractic examiners, contractors license board, board of dental examiners, board of electricians and plumbers, elevator mechanics licensing board, board of professional engineers, architects, surveyors, and landscape architects, board of massage therapy, board of medical examiners, motor vehicle industry licensing board, motor vehicle repair industry board, board of examiners in naturopathy, board of nursing, board of examiners in optometry, pest control board, board of pharmacy, board of physical therapy, board of psychology, board of private detectives and guards, real estate commission, board of veterinary examiners, board of speech pathology and audiology, and any board, commission, program, or entity created pursuant to or specified by statute in furtherance of the purpose of this section including but not limited to section 26H-4, or chapters 484, 514A, and 514E shall be placed within the department of commerce and consumer affairs for administrative purposes."

SECTION 3. Section 92-28, Hawaii Revised Statutes, is amended to read as follows:

"92-28 State service fees; increase or decrease of. Any law to the contrary notwithstanding, the fees or other nontax revenues assessed or charged by any board, commission, or other governmental agency may be increased or decreased by the body in an amount not to exceed fifty per cent of the statutorily assessed fee or nontax revenue, in order to maintain a reasonable relation between the revenues derived from such fee or nontax revenue and the cost or value of services rendered, comparability among fees imposed by the State, or any other purpose which it may deem necessary and reasonable; provided that:

(1) The authority to increase or decrease fees or nontax revenues shall be subject to the approval of the governor and extend only to the following: chapters 36, 92, 94, 142, 144, 145, 147, 150, 171, 188, 189, 231, 269, 271, 321, 338, 373, 412, 415, 421, 425, 431, [438, 439,] 440, 442, 447, 448, 452, 453, 455, 456, 457, 458, 459, 460, 461, 463, 464, 466, 467, 469, 471, 482, 485, 501, 502, 505, 572, 574, and 846 (part II);

(2) The authority to increase or decrease fees or nontax revenues established by the University of Hawaii under chapters 304, 305, 306, and 308 shall be subject to the approval of the board of regents; provided that the board's approval of any increase or decrease in tuition for regular credit courses shall be preceded by an open public meeting held during or prior to the semester preceding the semester to which the tuition applies;

(3) This section shall not apply to judicial fees as may be set by any chapter cited in this section;

(4) The authority to increase or decrease fees or nontax revenues pursuant to this section shall be exempt from the public notice and public hearing requirements of chapter 91; and

(5) Fees for copies of proposed and final rules and public notices of proposed rulemaking actions under chapter 91 shall not exceed 10 cents a page, as required by section 91-2.5."

SECTION 4. Chapter 438, Hawaii Revised Statutes, is repealed.

SECTION 5. Chapter 439, Hawaii Revised Statutes, is repealed.

SECTION 6. Statutory material to be repealed is bracketed and stricken.

SECTION 7. This Act shall take effect upon its approval.