Legislature(1999 - 2000)
05/14/1999 02:15 PM House FIN
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* first hearing in first committee of referral
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CS for SENATE BILL NO. 51(L&C)
"An Act relating to barbers, hairdressers, manicurists,
and cosmetologists; providing that the only
qualification necessary for licensure as a manicurist,
other than payment of fees, is completion of a class
that is 12 hours in duration, addresses relevant
health, safety, and hygiene concerns, and is offered
through a school approved by the Board of Barbers and
Hairdressers; and providing for an effective date."
DOUGLAS SALIK, STAFF, SENATOR T. KELLY testified on behalf
of the sponsor in support of the legislation. He explained
that the legislation changes "cosmetologist" to
"esthetician" in multiple locations in the statutes. The
legislation also requires a 12-hour hygiene class and a
temporary license for those taking the class. The Board can
add endorsement to the license for persons that complete an
advance manicurist class. Reciprocity would be allowed with
other states with similar classes. Senate Bill 51 also
changes an instructor's license to a dual instructor's
license. If further issues a temporary permit to persons
that are licensed to practice the profession in another
state. Students can have a permit to practice while they are
continuing to learn the profession.
In response to a question by Representative Foster, Mr.
Salik noted that persons that do not comply with manicuring
licensing requirements are guilty of a violation. "A person
who practices barbering, hairdressing, or esthetics
[COSMETOLOGY], or operates a shop, or operates a school of
barbering, hairdressing, or esthetics [COSMETOLOGY], or
teaches in a school of barbering, hairdressing, or esthetics
[COSMETOLOGY], without a license, temporary permit,
temporary license, or student permit and who is not exempt
under AS 08.13.120 or under AS 08.13.160(d) is guilty of a
class B misdemeanor."
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT
provided information on the legislation. The Division of
Occupational Licensing provides staff support to the Board
of Barbers and Hairdressers. She observed that the Board has
supported licensing of manicurists. The Board recommended
changes to the name.
Co-Chair Therriault reviewed the accompanying fiscal notes.
He noted that the Division has requested $8.5 thousand
dollars for personal services and questioned the effect of
not funding this amount. Ms. Reardon responded that there
would be slower service in licensing. She noted that the
Division is requesting less than a quarter position because
they currently have a half-time position that can be
expanded. There is also $3 thousand dollars in the
Department of Commerce and Economic Development's fiscal
note that will be collected in fees and paid to the
Department of Environmental Conservation. The Department of
Environmental Conservation is requesting $3 thousand dollars
to cover the cost of writing the regulation.
Representative Foster questioned if the class can be taken
by correspondence. Ms. Reardon stated that the class could
be offered by correspondence if the private sector offers
the course. The legislation requires manicuring schools to
offer the 12-hour course.
Representative Foster expressed concern regarding the
ability for rural residents to meet the requirements.
Mr. Salik stated that it is the sponsor's intent to keep the
requirements at 12 hours to allow rural residents to
complete the training within a weekend.
Representative J. Davies expressed concern with the use of
"esthetics". Ms. Reardon explained that "cosmetologist"
refers to persons that specialize in skin care. She noted
that there is some confusion regarding the term. There is no
grandfather clause.
In response to a question by Representative Austerman, Mr.
Salik stated that there is concern regarding the use of
dental chemicals for manicures. The 12-hour health and
safety hygiene class would address this issue.
Ms. Reardon stressed that if there is a danger that everyone
should have the training. Representative Williams spoke in
support of a two-year grandfather clause. Mr. Salik spoke
against the inclusion of a grandfather clause.
Representative Grussendorf questioned if a problem exists.
Ms. Reardon did not know if a problem exists. Vice-Chair
Bunde stated that there is a problem on a national level. He
felt that there was a reasonable need for the class
requirement.
Ms. Reardon noted that an exemption was included for
communities of less than 1,000 people that are not within 25
miles of a community of more than 1,000. She observed that
the worker is also at risk.
Representative Austerman questioned if the legislation could
be permissive. Mr. Salik stated that it is the sponsor's
intent to assure that the safety and health of the public is
protected. Ms. Reardon noted that there is an optional
advance manicurist license. The 12-hour course is mandatory.
(Tape Change, HFC 99 -139, Side 1)
Representative J. Davies questioned if dangerous chemicals
used by manicurist are available to the general public. Ms.
Reardon did not think that there were state restrictions
relating to the use of chemicals.
Vice-Chair Bunde spoke in support of the legislation.
Representative Foster questioned the need for the
legislation. Representative Williams MOVED to report HCS CS
51 (L&C) out of Committee with the accompanying fiscal
notes. There being NO OBJECTION, it was so ordered.
HCS CS 51 (L&C) was REPORTED out of Committee with "no
recommendation" and a fiscal impact note by the Department
of Commerce and Economic Development; and a fiscal impact
note by the Department of Environmental Conservation,
published date 3/26/99.
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