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26.200.14 101st Legislative Session 1063
2026 South Dakota Legislature
House Bill 1063
Introduced by: Representative Schwans
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to establish requirements for natural hair braiding provided for 1
compensation. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 36-15-1 be AMENDED: 4
36-15-1. Terms used in this chapter mean: 5
(1) "Apprentice," any person licensed by the commission to receive education through 6
an apprenticeship in a salon; 7
(2) "Apprentice salon," any salon licensed by the commission to teach apprentices; 8
(3) "Booth," any part within a licensed salon that is rented or leased for the purpose 9
of rendering licensed cosmetology services as a separate, independent salon 10
business; 11
(4) "Commission," the Cosmetology Commission as established and created in § 36-12
15-3; 13
(5) "Cosmetologist," any person who, for compensation, engages in any of the 14
practices of cosmetology; 15
(6) "Cosmetology," any one or any combination of the practices set forth in § 36-15-16
2; 17
(7) "Demonstrator," any person licensed to practice cosmetology, nail technology, or 18
esthetics in this state, in another state, or in another country, who demonstrates 19
the various practices of cosmetology, as applicable, in order to inform or educate 20
other licensees or the public; 21
(8) "Esthetician," any person who, for compensation, engages in the practice of 22
esthetics, but not in other practices of cosmetology; 23
(9) "Esthetics," any one or any combination of the practices set forth in § 36-15-2.2; 24
(10) "Instructor," any person who is licensed by the commission to instruct in a school 25
or an apprentice salon and who meets the requirements set forth in § 36-15-25; 26
26.200.14 2 1063
Underscores indicate new language.
Overstrikes indicate deleted language.
(11) "Nail technology," any one or any combination of the practices set forth in § 36-1
15-17.2; 2
(12) "Nail technician," any person who, for compensation, engages in the practice of 3
nail technology, but not in other practices of cosmetology; 4
(13) "Natural hair braiding," any one or any combination of the practices set forth in 5
§ 36-15-1.1; 6
(14) "Salon," any place, premise, or building or any part of a building operated for the 7
purpose of engaging in the practice of cosmetology, nail technology, or esthetics, 8
or any combination of these practices; 9
(15)(14) "School," any place, premise, or building that is licensed by the commission to 10
provide education to students in the practice of cosmetology, nail technology, or 11
esthetics, or any combination of these practices; 12
(16)(15) "School premises," any permanent building or other structures approved by the 13
commission as a school campus under one school license; and 14
(17)(16) "Student," any person who is licensed by the commission to receive education 15
in a licensed school. 16
Section 2. That § 36-15-1.1 be AMENDED: 17
36-15-1.1. Natural hair braiding means a form of hair manipulation that results in 18
tension on hair strands by beading, braiding, cornrowing, extending, lacing, locking, 19
twisting, weaving, or wrapping human hair, natural fibers, or synthetic fibers , or hair 20
extensions into a variety of shapes, patterns, and textures , and maintenance thereof, by 21
hand or with clips, combs, hairpins, or thread. 22
Natural hair braiding includes the use of topical agents such as conditioners, gels, 23
moisturizers, oils, pomades, and dry shampoos. 24
Natural hair braiding does not involve the use of penetrating: 25
(1) Penetrating chemical hair treatments, chemical; 26
(2) Chemical hair coloring, straightening, bleaching, or joining agents, chemical hair 27
straightening agents, chemical hair joining agents, permanent; 28
(3) Permanent wave styles , or chemical hair bleaching agents applied to growing 29
human hair; 30
(4) Wet shampoos, conditioners, or other hair treatments; or 31
(5) Clippers, razors, shears, or other tools that alter the natural state of the hair. 32
Section 3. That § 36-15-14 be AMENDED: 33
26.200.14 3 1063
Underscores indicate new language.
Overstrikes indicate deleted language.
36-15-14. The commission, any state or local board of health, or any officer or 1
employee thereof, may enter during the business hours of the following , any for the 2
purposes of inspection and enforcement of this chapter and rules promulgated in 3
accordance with this chapter: 4
(1) A salon or school licensed under the provisions of this chapter and any; 5
(2) Any other place where the practice of cosmetology is followed, practiced, or taught 6
for the purpose of inspection and enforcement of this chapter and the rules adopted 7
pursuant to this chapter; and 8
(3) The place of business where natural hair braiding, as defined in § 36-15-1.1, is 9
performed for compensation or any other valuable consideration. 10
Section 4. That § 36-15-16.1 be AMENDED: 11
36-15-16.1. Any person engaging solely in natural hair braiding as set forth in 12
§ 36-15-1.1 is exempt from the provisions of this chapter A natural hair braider is not 13
required to obtain a license from the commission . A natural hair braider who seeks to 14
provide the practices set forth in § 36-15-1.1 for compensation or any other valuable 15
consideration must: 16
(1) Complete a two-hour course on safety and sanitation procedures, as prescribed by 17
the commission; 18
(2) Apply to the commission for a certificate to perform natural hair braiding, 19
accompanied by a thirty-dollar fee, and display the certificate in the braider's place 20
of business; and 21
(3) Display a sales tax license from the Department of Revenue in the braider's place 22
of business. 23
The commission shall inspect, at least annually, the place of business of a natural 24
hair braider to ensure compliance with the display requirements of this section. If the 25
natural hair braider fails the inspection, the braider may not provide natural hair braiding 26
services for compensation or any other valuable consideration until a reinspection is 27
passed. The commission shall charge the same fee for a reinspection that applies to a 28
salon, as provided in § 36-15-20. 29
For purposes of this section, "natural hair braider" means a person who engages 30
only in the practices set forth in § 36-15-1.1 and not any of the practices of cosmetology. 31