SENATE FLOOR VERSION - HB3158 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 8, 2024 COMMITTEE SUBSTITUTE FOR ENGROSSED HOUSE BILL NO. 3158 By: Roberts, West (Tammy), Wolfley, Pittman, and Stark of the House and Rader of the Senate [ cosmetology and barbering - license - tax-exempt school – correctional facility - application - display - identification - items during instruction - disruptions - rules - codification - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new sec tion of law to be codified in the Oklahoma Statutes as Section 199.19 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The State Board of Cosmetology and Barbering shall issue a license to any nonprofit 501(c)(3) tax -exempt school located within a correctional facility in this state that proposes to provide cosmetology or barbering training courses designed to qualify persons for licensure to practice cosmetology or barbering. SENATE FLOOR VERSION - HB3158 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. 1. Any nonprofit 501(c)(3) tax -exempt school seeking to operate within a correctional facility shall submit an application to the Board with the following: a. whether the school intends to operate as a secondary or postsecondary establishment, b. the names, addresses, and contact information of the: (1) Director of Corrections, (2) Chief Administrator of Classification and Programs of the Department of Corrections , (3) Department of Corrections’ administrator of programs, (4) warden of the correctional facility where the school is to be located , and (5) instructors for the proposed program , c. a notarized affidavit stating the source of sufficient bond coverage and that the bu ilding where the school is proposed to be conducted is owned by the Department of Corrections, d. the contact information of the correctional facility , and e. a brief description of the proposed education areas within the correctional facility location , other training sections located within the correctional facility, and parking areas. SENATE FLOOR VERSION - HB3158 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. An applicant shall obtain a memorandum of understanding from the Department stating that the Department shall allow the applicant use of the designated area for one (1) year , or a sum of twelve- month increments, that shall be used for the proposed school to operate. 3. Nonprofit 501(c)(3) tax-exempt schools within a correctional facility shall not charge tuition. Education shall be provided free of cost to all student s enrolled in the programs. All supplies shall either be purchased from funds obtained through grants or by private donations made to the organization. The Board shall not require a financial statement to be furnished by the school . 4. All licenses, work permits, registration receipts, student permits, and all other information required by the Board shall be posted conspicuously. 5. Licensed instructors shall adhere to all Department requirements necessary for visitation within the correctional facility. C. The Board shall permit an applicant ’s inmate identification badge as his or her identification for purposes of enroll ment. A student enrolled to take classes from a nonprofit 501(c)(3) tax- exempt school within a correctional facility shall automatically be considered a low-income individual. Proof of incarceration, or a consolidated record card, shall be sufficient for the applicant to SENATE FLOOR VERSION - HB3158 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be qualified for a one -time, one-year waiver of all fees associated with licensure, certification, or renewal. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 199.20 of Ti tle 59, unless there is created a duplication in numbering, reads as follows: A. Any nonprofit 501(c)(3) tax -exempt school located within a correctional facility licensed by the State Board of Cosmetology and Barbering to provide cosmetology or barbering training courses designed to qualify persons for licensure to practice cosmetology or barbering shall adhere to the following: 1. Schools located within a correctional facility shall not provide: a. individual student lockers, vending machines, or cosmetic or wig displays, b. a private facial and skin care room. All facial and skin care education shall take place where everyone may be seen, c. a break area. Restrooms shall be gender -specific to the institution housing the programs, d. a drinking fountain or water cooler, e. hand sanitizer; provided, that dry sanitizer may be permitted provided it is located in a dispensary area. Individual containers are not permitted per Department of Corrections policy, or SENATE FLOOR VERSION - HB3158 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 f. individual containers for soiled items. Th e soiled items shall be cleaned and disinfected immediately after service is completed; and 2. Schools located within a correctional facility shall: a. hold all supplies required by the school. Supplies shall be checked out and checked in by students and master instructors, except for metal implements, which shall be held in a secured area and checked out and checked in by a designated clerk, b. only be required to have one facial chair, c. provide the facial supply cabinet located inside the dispensary area, d. provide a container to store hair pins and cli ps that shall be located in the dispensary area. Students shall check out and check in these items as needed, e. provide a secure location for all metal implements, which shall include, but not be limi ted to, shears, thinning shears, razors, nail clippers, nail and cuticle trimmers, and metal cuticle pushers. A log shall be available to docume nt the administration of all tools and implements by a designated clerk, and f. store all supplies, other than instructional books, in the dispensary area, or, as required by this section, in a secure area. SENATE FLOOR VERSION - HB3158 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 If an inspector by the Board provides evidence of the need for additional equipment not specified in this section for the appropriate and safe instruction of th e enrolled students, the school located within a correctional facility shall provide the additional equipment. B. In the event of a lockdown at a correctional facility where a school is housed, the school shall remain closed until the lockdown is lifted. School may resume upon confirmation of the ended lockdown. Students may only be exempt from the weekly time requirements due to lockdown or outside medical appointments; provided, that the Department of Corrections has found reasonable cause to make such exception. C. Nothing in this section shall allow schools providing instruction within the correctional facilities to operate inconsistently with Department rules. SECTION 3. This act shall become effective November 1, 2024. COMMITTEE REPORT BY: COMMITTEE ON FINANCE April 8, 2024 - DO PASS AS AMENDED BY CS