Legislature(2017 - 2018)GRUENBERG 120
04/17/2018 01:00 PM House RULES
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| Audio | Topic |
|---|---|
| Start | |
| SB4|| HB86|| HB373 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 4 | TELECONFERENCED | |
SB 4-NON-CHEMICAL BARBERING; HAIR BRAIDING
[Contains discussion of HB 86 and HB 373.]
1:04:40 PM
CHAIR LEDOUX announced that the only order of business would be
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4(FIN) am, "An Act
relating to the Board of Barbers and Hairdressers; relating to a
limited license to practice non-chemical barbering; relating to
a license to practice hair braiding; relating to the Department
of Environmental Conservation; and providing for an effective
date." [Before the committee was HCS CSSSSB 4(L&C).]
1:04:52 PM
REPRESENTATIVE CLAMAN moved to adopt the proposed House
committee substitute (HCS) for CSSSSB 4, Version 30-LS0078\T,
Radford, 4/14/18, as the working document. There being no
objection, Version T was before the committee.
1:05:32 PM
CERI GODINEZ, Staff, Representative Matt Claman, Alaska State
Legislature, explained the changes proposed under Version T.
She said Version T would amend HCS CSSSSB 4(L&C), which requires
barbershop/hairdressing establishment owners to conspicuously
display shop licenses; allows a Department of Environmental
Conservation (DEC) standard self-certification process regulated
by the Board of Barbers and Hairdressers; creates new license
types for braiding and non-chemical barbering; and separates
tattooing and permanent cosmetic coloring into two separate
licensing, to include HB 86, which repeals current statutes that
allow the Alaska Commission on Postsecondary Education to
threaten nonrenewal of occupational licenses for individuals who
default on their student loans.
MS. GODINEZ listed the following changes: Section 1 of HB 86,
now Section 32 of SB 4, would delete language that is no longer
necessary after the repeals mentioned in Section 2; and Section
2 of HB 86, now Section 34 of SB 4, would repeal AS
14.43.145(a)(4), which gives authority to the commissioner to
provide notice of default to the licensing entity for nonrenewal
of a license. She mentioned AS 14.43.148, which indicates that
a licensing entity may not renew a license if it has received
notice from the commission that a licensee has defaulted on a
loan issued by the commission; and AS 21.27.390(d), which
references temporary licenses.
1:07:18 PM
REPRESENTATIVE CHENAULT asked what the repercussions are for
removing the ability of the administration or state to "go back
against folks that have defaulted on their loans."
MS. GODINEZ answered this authority has not been used by the
commission since 2010, generally because the commission has not
found it to be an effective way of collecting outstanding debt.
She explained, "In the cases where licenses have been revoked,
those people have mostly moved out of state and set up practice
elsewhere, and ... [the commission has] found wage garnishment
to be a much more effective way for collecting outstanding
loans."
1:08:27 PM
CHAIR LEDOUX asked if [Version T] would remove the power from
the administration to collect from people in all licensed
categories.
MS. GODINEZ answered that is her understanding.
1:09:07 PM
REPRESENTATIVE CHENAULT asked for clarification as to which
licenses are being addressed.
1:09:25 PM
REPRESENTATIVE CLAMAN recollected that HB 86 had passed through
the House last year. He added, "It's only occupational
licenses."
REPRESENTATIVE LEDOUX asked, "Are there any other non-
occupational licenses where they grab the license for nonpayment
of a student loan?"
REPRESENTATIVE CLAMAN answered he was not aware of any.
MS. GODINEZ noted there are other states that will revoke
driver's licenses but offered her understanding that Alaska is
not one of them.
1:10:08 PM
REPRESENTATIVE EASTMAN asked, "What is it ... that's so special
about this situation where we would need to go and take that
extra step?"
MS. GODINEZ answered, "I think the idea behind this bill is to
make it so that this situation doesn't occur, because it's been
found to be very punitive and has made it, in fact, harder for
the commission to achieve its goal, which is collecting
outstanding debt." In response to a follow-up question from
Representative Eastman and a comment made by Chair LeDoux, she
confirmed that the proposed legislation covers all [licenses].
1:11:27 PM
REPRESENTAIVE EASTMAN moved to adopt Amendment 1, labeled 30-
LS0078\T.1, Radford, 4/17/18, which read as follows:
Page 1, lines 2 - 3:
Delete "relating to a license to practice hair
braiding"
Page 2, line 3:
Delete "hair braiding,"
Page 2, line 25:
Delete "hair braiding,"
Page 3, lines 7 - 8:
Delete "hair braiding,"
Page 3, line 16:
Delete "hair braiding,"
Page 4, line 1:
Delete "hair braiding,"
Page 4, line 5:
Delete "hair braiding,"
Page 4, line 16:
Delete "hair braiding,"
Page 5, line 28, through page 6, line 7:
Delete all material.
Renumber the following bill sections accordingly.
Page 7, lines 17 - 19:
Delete "The board shall authorize the issuance of
a license for the practice of hair braiding to each
applicant who has satisfied the requirements of
AS 08.13.080(g)."
Page 7, line 22:
Delete "hair braiding,"
Page 7, line 28:
Delete "hair braiding,"
Page 8, line 18:
Delete "hair braiding,"
Page 9, line 21:
Delete "hair braiding,"
Page 10, line 4:
Delete "hair braiding,"
Page 10, lines 11 - 14:
Delete all material.
Renumber the following bill sections accordingly.
Page 10, line 18:
Delete "hair braiding,"
Page 11, line 21:
Delete all material.
Renumber the following paragraphs accordingly.
Page 11, line 25:
Delete "hair braiding,"
Page 12, line 3:
Delete "hair braiding,"
Page 13, line 13:
Delete "hair braiding,"
Page 13, line 17:
Delete "hair braiding,"
Page 13, lines 27 - 31:
Delete all material.
Renumber the following paragraphs accordingly.
Page 14, lines 29 - 30:
Delete "hair braiding,"
Page 17, line 15:
Delete "Section 33"
Insert "Section 31"
Page 17, line 16:
Delete "sec. 35"
Insert "sec. 33"
REPRESENTATIVES STUTES and CLAMAN objected.
REPRESENTATIVE EASTMAN spoke to Amendment 1. He mentioned a
handout he had given committee members regarding [hair
braiding]. He said he spoke with a number of organizations that
have encountered other states that have "gone a little excessive
in regulating hair braiding," and he expressed concern that
Alaska might be tempted to do the same. He said he knows any
occupation could be subject to licensing, but he said he doesn't
think that would help people get jobs. He said he thinks the
occupation of hair braiding is not the same as being a doctor or
emergency medical technician (EMT), and he proposed there may be
people who "have low income and little in the way of marketable
skills" for whom hair braiding may be a means for getting a job,
and he said he would not want to hinder that unnecessarily.
1:13:06 PM
REPRESENTATIVE EASTMAN, in response to Representative Claman,
said the handout he provided states it is about hairdressing,
but it is really about hair braiding.
1:13:30 PM
REPRESENTATIVE REINBOLD offered her understanding that the
occupation of hair braiding used to require 1,600-2,000 hours
[for licensing] but is now down to 35 hours, and she said she
would like the 35-hour requirement maintained, because that
gives hair braiders credibility; therefore, she said she would
not support Amendment 1.
1:14:00 PM
SENATOR PETER MICCICHE, Alaska State Legislature, as prime
sponsor of SB 4, spoke to the proposed Amendment 1. He said the
impression has been made today that "we are suddenly regulating
hair braiders," but the requirement has been reduced from 1,650
hours "down to spending a week in a shop." He said he wants
people to be able to open a shop of their own, employ 40 people,
and become "remarkably successful" in this entrance-level job,
and he emphasized the importance of learning customer service
and public health safety. He stated he does not support
Amendment 1. He said, "We have a long-standing tradition to be
minimally qualified in this state, and I think following someone
around a shop for a week is adequate balance."
1:15:23 PM
CHAIR LEDOUX asked if that means someone does not have to go to
school [to be a hair braider]; he/she can work as an apprentice.
SENATOR MICCICHE answered that is correct.
1:15:41 PM
REPRESENTATIVE EASTMAN opined that the sponsor is accurate in
saying that "we are moving in the right direction with ... the
bill, in terms of reducing the hurdles to get this license";
however, Amendment 1 would take this further by removing "the 30
hours and other requirements, as well." He relayed that he had
hoped to address this issue in a separate bill; however, that
did not happen.
REPRESENTATIVE STUTES maintained her objection to the motion to
adopt Amendment 1.
1:16:22 PM
A roll call vote was taken. Representative Eastman voted in
favor of the motion to adopt Amendment 1. Representatives
Reinbold, Claman, Stutes, Kito, Chenault, and LeDoux voted
against it. Therefore, Amendment 1 failed by a vote of 1-6.
1:16:55 PM
REPRESENTATIVE CLAMAN moved that the chair rule Amendments 2-6,
[in the committee packet, but not offered], out of order, as
they are a subject of HB 373, which is currently being heard by
the House Special Committee on Military and Veterans' Affairs.
REPRESENTATIVE EASTMAN objected.
1:17:23 PM
REPRESENTATIVE REINBOLD asked for clarification as to whether
the committee is allowed to "bundle" the amendments or must rule
them out of order individually.
1:17:33 PM
CHAIR LEDOUX replied that she thinks [the unoffered Amendments
2-6] relate to the same bill in the House Special Committee on
Military and Veterans' Affairs; therefore, she stated, "I'm
going to rule that they are out of order."
1:17:51 PM
REPRESENTATIVE EASTMAN asked, "Is there something in Uniform
Rules that would prohibit us from taking up this amendment at
this time, or is that more a question of ... tradition that you
personally follow?"
1:18:02 PM
CHAIR LEDOUX answered, "It's the custom and the tradition of the
House."
1:18:24 PM
REPRESENTATIVE CHENAULT expressed curiosity as to what HB 373
addresses. He said he could understand if it applies to
"occupational licensing and dealing with military spouses" but
questioned whether it addresses the prohibition of
municipalities from hiring lobbyists, as in [the unoffered]
Amendment 6.
1:19:05 PM
REPRESENTATIVE CLAMAN said that after communicating with
Legislative Legal and Research Services, he came to understand
that all the provisions in [Amendments 2-6] are being addressed
under HB 373.
CHAIR LEDOUX asked Representative Eastman if he disagrees.
1:19:18 PM
REPRESENTATIVE EASTMAN answered no. He said HB 373 also deals
with other things. He said, "These are portions of policy, and
I think they deserve to be treated on their own merits."
1:19:32 PM
REPRESENTATIVE KITO said he believes that "this rule has been
overused in this legislature" and he has grave concerns. He
stated his belief that in committee, members have the
opportunity to offer amendments, and it is irrelevant whether
that amendment is "a specific section that might happen to be in
another bill." He said he thinks the committee has the
responsibility to hear any amendment that is relevant to the
bill before the committee.
1:20:10 PM
A roll call vote was taken. Representatives Claman, Stutes,
Chenault, and LeDoux voted in favor of the motion for the chair
to rule Amendments 2-6 out of order. Representatives Eastman,
Reinbold, and Kito voted against it. Therefore, the ruling of
the chair was upheld by a vote of 4-3.
1:20:56 PM
REPRESENTATIVE CLAMAN moved to report HCS CSSSSB 4, Version 30-
LS0078\T, Radford, 4/14/18, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, HCS CSSSSB 4(RLS) was reported out of the House
Rules Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCS CSSB 4 Version T.pdf |
HRLS 4/17/2018 1:00:00 PM |
SB 4 |
| HCS CSSB 4 Explanation of Changes.pdf |
HRLS 4/17/2018 1:00:00 PM |
SB 4 |
| HCS CSSB 4 Legal Memo.pdf |
HRLS 4/17/2018 1:00:00 PM |
SB 4 |