Legislature(1999 - 2000)
03/17/1999 09:04 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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."
DOUG SALICK, committee aide for the Senate Community and
Regional Affairs Committee and staff to Senator Tim Kelly,
testified to the bill. The bill would change the word
"cosmetology" to "esthetics" to comply with other states
and apply to a broader range of services.
Additionally, it would create a new license for manicurists
and dictate the training they must undergo. It also
created a new instructor's license that would cover
practitioners as well as instructors, thus allowing an
instructor to practice as well as teach simultaneously. It
set new guidelines for those who practice in other states
and wished to practice temporarily in Alaska. Finally, it
also removed the shaving requirement from the statutes
since it was no longer taught.
He noted that a Board of Cosmetology member was planning to
testify via teleconference from Anchorage, but was not yet
at the LIO.
Senator Randy Phillips asked about the Department of
Environmental Conservation fiscal note for $3800 to cover
publications and wanted to know if the funds would come
from the licensees or from the general fund.
CATHERINE REARDON, Director, Division of Occupational
Licensing, Department of Commerce and Economic Development,
came to the table to address the fiscal note question. She
believed that the fiscal note would not be covered by
license fees and would need to be covered with general
funds. Department of Environmental Conservation currently
had responsibility to do health inspections for other
licensed professions and was not covered by license fees.
Co-Chair John Torgerson asked if it was normal practice in
regulations for the costs to be passed on to the licensees.
Katherine Reardon replied that by statute, all the costs of
the regulation of the profession must be covered by license
fees. However, those costs were generally thought to be
those incurred by the Department of Commerce and Economic
Development to run the licensing program. She suggested
that the funds could be RSA'ed to the Department of
Environmental Conservation to cover inspection costs.
Currently, funds were RSA'ed to the Department of Labor for
enforcement of contractor's licenses.
Co-Chair John Torgerson clarified that to do so, the
committee would increase the Department of Commerce and
Economic Development fiscal note from 16.4 to include the
3.8. Catherine Reardon answered that was correct and
continued that an indication would be made on the fiscal
note stating the intention that the funds be RSA'ed to the
Department of Environmental Conservation.
Senator Randy Phillips commented that he wished a
representative of the Department of Environmental
Conservation were present to answer questions.
Senator Randy Phillips moved to amend the fiscal notes to
incorporate the $3800 amount from the Department of
Environmental Conservation into the Department of Commerce
and Economic Development fiscal note as interagency
receipts with the possibility to RSA the funds to the
Department of Environmental Conservation.
Co-Chair John Torgerson clarified that there would still be
a need for a 3.8 Department of Environmental Conservation
fiscal note. It would just be shown as interagency
receipts.
Senator Lyda Green referred to the fiscal note comments on
the number of manicurists and wondered about the "thousands
of businesses." Catherine Reardon doubted there would be
thousands. Senator Lyda Green felt that number was high
and should be adjusted downward.
Co-Chair John Torgerson named the fiscal note motion
Amendment #1 and it was adopted without objection.
Senator Loren Leman had a question on inspections. He
referred to testimony from Catherine Reardon in the Senate
Labor and Commerce Committee that the bill would require
the Department of Environmental Conservation to inspect the
business when it first opened, but upon transfer, no
inspection was required. He wanted to know if that was what
actually was taking place. Catherine Reardon answered that
it was and that current statute dictated the amount of
times the Department of Environmental Conservation was to
perform inspections. She added that in situations where the
Department of Environmental Conservation had limited
resources they were to reduce the number of inspections and
only respond if they received a complaint.
Senator Loren Leman pointed out that the title of the bill
used the term "esthetics" but the first line of the bill
used "cosmetologist". If it was the intent to change the
term, he felt it needed to be consistent throughout the
bill. Co-Chair John Torgerson said he would check with the
drafters and that the desire for consistency seemed
reasonable.
There was discussion about the testifier who was not
present. Doug Salick told the committee she wished to speak
about the length of training required for manicurists, and
that she felt it should be more than 12 hours.
Co-Chair John Torgerson ordered bill moved to bottom of
calendar to wait for the testifier to get to the Anchorage
LIO.
SB 51-LICENSING OF COSMETOLOGISTS
Co-Chair John Torgerson brought this bill back to the
table. It was noted that the Anchorage participant had not
yet arrived at the LIO.
Co-Chair John Torgerson asked for comment on the argument
that 12 hours of training for manicurist certification
would not be adequate. Catherine Reardon began by
informing the committee that she performed two roles, one
was with the Board of Cosmetology and the other was as a
staff member of the Department of Commerce and Economic
Development. She said that the board would meet next week,
discuss the matter and possibly decide that more training
was appropriate.
Speaking from the department, she felt the number of hours
was arbitrary. She had worked with the sponsor to reach
the 12-hour requirement. She had concerns about people
needing to close their business to fly to area were
training was available and advised that this could be cost
prohibitive to some businesses. She did research and found
a school that offered a training course at a cost of $3000
and took three months to complete. She felt that someone
in Ketchikan would be unable to afford to do that.
Senator Al Adams asked for comparison of training
requirements in other states. Catherine Reardon referred to
a handout.
Co-Chair John Torgerson clarified that the Board of
Cosmetology would meet the following Monday. He ordered
the bill held in committee to allow the board to put their
comments on record. Co-Chair John Torgerson said the bill
would probably be brought back up next Thursday.
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