Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3158 Enrolled / Bill

Filed 05/01/2024

                    An Act 
ENROLLED HOUSE 
BILL NO. 3158 	By: Roberts, West (Tammy), 
Wolfley, Pittman, and Stark 
of the House 
 
  and 
 
  Rader of the Senate 
 
 
 
 
 
An Act relating to professions and occupations; 
authorizing the State Board of Cosmetology and 
Barbering to issue certain l icense; allowing certain 
schools to operate within a correctional facility; 
specifying contents of applications; requiring 
schools to adhere to certain policies put in place by 
Department of Corrections; allowing an inspector to 
require additional equipmen t; establishing certain 
procedure for interrupted attendance; forbidding 
schools to operate inconsistent with Department 
rules; providing for codification; and providing an 
effective date. 
 
 
 
 
 
SUBJECT: Professions and occupati ons 
 
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 199.19 of Title 59, unless the re 
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. 
  ENR. H. B. NO. 3158 	Page 2 
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 o f sufficient 
bond coverage and that the building 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 loca ted within the correctional 
facility, and parking areas. 
 
2.  An applicant shall obtain a memorandum of understanding from 
the Department stating that the Department shall allow the applica nt 
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  ENR. H. B. NO. 3158 	Page 3 
private donations made to the organization.  The Board shall not 
require a financial statement to be furnis hed by the school. 
 
4.  All licenses, work permits, registration r eceipts, 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 vis itation within the correctional 
facility. 
 
C.  The Board shall p ermit an applicant’s inmate identification 
badge as his or her identification for purposes of enrollment.  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 
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 Title 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, 
  ENR. H. B. NO. 3158 	Page 4 
e. hand sanitizer; provided, that dry sanitizer may be 
permitted provided i t is located in a dispensary area.  
Individual containers are not permitted per Department 
of Corrections policy, or 
 
f. individual containers for soiled items.  The soiled 
items shall be cleaned and disinfected immediately 
after service is completed; and 
 
2.  Schools located within a correctional facility sha ll: 
 
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 c hecked 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 clips that 
shall be located in the dispens ary 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 limited to , shears, 
thinning shears, razors, nail clippers, nail and 
cuticle trimmers, and metal cuticle pushers.  A log 
shall be available to do cument 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. 
 
If an inspector by the Board provides evide nce of the need for 
additional equipment not specified in this section for the 
appropriate and safe instruction of the enrolled students, the 
school located within a correctional facility shall provide the 
additional equipment. 
 
B.  In the event of a lockd own at a correctional facility where 
a school is housed, the school shall remain closed until the  ENR. H. B. NO. 3158 	Page 5 
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.  ENR. H. B. NO. 3158 	Page 6 
Passed the House of Representatives the 30th day of April, 2024. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 22nd day of April, 2024. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________