HOUSE BILL NO. 354
INTRODUCED BY NEWMAN
AN ACT CREATING AND REVISING EXEMPTIONS TO THE PRACTICE OF BARBERING, COSMETOLOGY, AND APPLICATION OF MAKEUP AND OTHER SERVICES INVOLVING ESTHETICS IN CASES OF EMERGENCY AND FOR CERTAIN VISUAL ARTS PRODUCTIONS; AMENDING SECTION 37-31-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Exemptions. (1) Nothing in this chapter prohibits barbering, including the application of masks, makeup, or other theatrical devices, in the course of or incidental to a theatrical or other visual arts production by persons employed or under contract to provide these services.
(2) Notwithstanding the provisions of 37-30-501, a person exempt under this section may not be charged a penalty for violating this chapter or be required to register or to obtain a license under this chapter unless the person engages in the practice of barbering, as defined in 37-30-101, outside of the course of or without connection to a theatrical or other visual arts production.
Section 2. Section 37-31-102, MCA, is amended to read:
"37-31-102. Exemptions. Nothing in this chapter prohibits:
(1) service in case of emergency or service in case of emergency or domestic administration without compensation;
(2) services by persons authorized under the laws of this state to practice dentistry, the healing arts, or mortuary science; or
(3) services by barbers lawfully engaged in the performance of the usual and ordinary duties of their vocation or in cutting women's hair; or
(4) barbering, cosmetology, or esthetics services, including the application of masks, makeup, or other theatrical devices, in the course of or incidental to a theatrical or other visual arts production, including television or motion pictures, by persons employed or under contract to provide these services."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 37, chapter 30, and the provisions of Title 37, chapter 30, apply to [section 1].
Section 4. Coordination instruction. If House Bill No. 196 and [this act] are both passed and approved, then [section 1 of this act] is void.
Section 5. Effective date. [This act] is effective on passage and approval.
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