Legislature(2017 - 2018)SENATE FINANCE 532

04/17/2017 09:00 AM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 37 PHARMA BD & EMPLOYEES;DRUG DIST/MANUFAC TELECONFERENCED
Heard & Held
+= HB 56 COMMERCIAL FISHING LOANS TELECONFERENCED
Heard & Held
+= SB 4 NON-CHEMICAL BARBERING;HAIR BRAIDING TELECONFERENCED
Heard & Held
SENATE BILL NO. 4                                                                                                             
                                                                                                                                
     "An Act relating to the Board of Barbers and                                                                               
     Hairdressers; and relating to a limited license to                                                                         
     practice non-chemical barbering."                                                                                          
                                                                                                                                
10:33:47 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon read the title of the bill.                                                                                  
                                                                                                                                
Senator  Micciche stated  that  he was  the  sponsor of  the                                                                    
bill, and  clarified that the  bill was different  than what                                                                    
he had sponsored on the  same topic the previous session. He                                                                    
had realized during the interim  that there was undue burden                                                                    
on licensees, over  and above what was  required to operate.                                                                    
He  thought that  the state  had hindered  commerce and  the                                                                    
ability  for Alaskans  to  earn a  living.  He relayed  that                                                                    
currently, professionals  must work  in a licensed  shop, as                                                                    
well as have their own  license, which must be conspicuously                                                                    
displayed.  He  informed  that employees  were  being  fined                                                                    
after shop owner's licenses had lapsed.                                                                                         
                                                                                                                                
Senator  Micciche continued  discussing the  effects of  the                                                                    
bill.   He   stated   that   Department   of   Environmental                                                                    
Conservation  (DEC)  was  no longer  certifying  barber  and                                                                    
hairdresser shops,  and the bill  would allow for  the Board                                                                    
of Barbers  and Hairdressers to create  a self-certification                                                                    
process  using  DEC  standards. The  bill  created  two  new                                                                    
license  types.  One new  license  type  was a  non-chemical                                                                    
barbers license,  which would allow  barbers to  forgo parts                                                                    
of  the   training  on   practices  normally   performed  by                                                                    
hairdressers. The  bill would allow barbers  to use scissors                                                                    
and clippers  to obtain a  license and reduce the  burden on                                                                    
the individuals. The bill would  establish a special license                                                                    
for hair braiding, which currently  required the same amount                                                                    
of training  (1650 hours in practical  training) in addition                                                                    
to a written  exam. The new license  would have dramatically                                                                    
reduced number  of hours  of training.  He thought  the bill                                                                    
matched  what  professionals   were  doing  with  reasonable                                                                    
training  requirements. He  discussed the  inordinate length                                                                    
of training time needed for some existing licenses.                                                                             
                                                                                                                                
10:37:04 AM                                                                                                                   
                                                                                                                                
RACHEL HANKE,  STAFF, SENATOR PETER MICCICHE,  read from the                                                                    
Sectional Analysis for SB 4 (copy on file):                                                                                     
                                                                                                                                
     Section  1 -  AS 08.01.065(h)  removes the  requirement                                                                    
     that  the  Department   of  Environmental  Conservation                                                                    
     inspect    or    regulate   barbering,    hairdressing,                                                                    
     manicuring, or esthetics establishments.                                                                                   
                                                                                                                                
     Section 2, 5, 10-11, 13, 16-18, 20, 22-24                                                                                  
     Add the term "hair braiding" or "hair braider" to                                                                          
     statute.                                                                                                                   
                                                                                                                                
     Section 3 - AS 08.13.030(c)  removes the ability of the                                                                    
     DEC to investigate  the practices of a  person, shop or                                                                    
     school  in  the   fields  of  barbering,  hairdressing,                                                                    
     manicuring or esthetics, it also  adds hair braiding to                                                                    
     this list.  Adds new subsection  that will  continue to                                                                    
     allow  the  DEC  to   investigate  practices  for  body                                                                    
     piercing, tattooing, and permanent cosmetic coloring.                                                                      
                                                                                                                                
     Section 4  - AS  08.13.040 adds  a new  subsection that                                                                    
     will not  allow the board  to administer an exam  to an                                                                    
     individual   applying   for  a   limited   non-chemical                                                                    
     barber's  license that  tests a  person's knowledge  in                                                                    
     the  areas  of  chemical processes  such  as  permanent                                                                    
     waving,     bleaching,     coloring,    or     chemical                                                                    
     straightening.                                                                                                             
                                                                                                                                
     Section 6                                                                                                                  
     AS 08.13.080(a)  specifies that courses  and curriculum                                                                    
     required for  a barber's examination may  be limited to                                                                    
     non-chemical barbering.                                                                                                    
                                                                                                                                
     Section 7                                                                                                                  
     AS   08.13.080  adds   a   new   subsection  (e)   that                                                                    
     establishes  the application  requirements  for a  hair                                                                    
     braiding license.                                                                                                          
                                                                                                                                
     Section 8                                                                                                                  
     AS  08.13.082(a) removes  the ability  of the  board to                                                                    
     require a  person applying  for a  limited non-chemical                                                                    
     barber's license  to have  practical hours  or training                                                                    
     in   chemical  processes,   which  includes   permanent                                                                    
     waving, bleaching, coloring or chemical straightening.                                                                     
                                                                                                                                
     Section 9                                                                                                                  
     AS  08.13.100(a)  adds  a sentence  that  requires  the                                                                    
     board  to  issue  a  hair   braiding  license  to  each                                                                    
     applicant  who  satisfied  all  requirements  under  AS                                                                    
     08.13.080(d).                                                                                                              
                                                                                                                                
     Section 12                                                                                                                 
     AS 08.13.100  adds new subsection (f)  that directs the                                                                    
     board to  adopt regulations  allowing for  the practice                                                                    
     of  non-chemical   barbering  and  requires   that  the                                                                    
     limitation be stated on the license.                                                                                       
                                                                                                                                
     Section 14                                                                                                                 
     AS 08.13.120  adds new  subsection instructs  the board                                                                    
     to adopt  regulations for standards of  cleanliness for                                                                    
     licensed   establishments,  not   including  tattooing,                                                                    
     piercing or permanent cosmetic coloring.                                                                                   
                                                                                                                                
     Section 15                                                                                                                 
     AS 08.13.130(a) is  amended to state that  a shop owner                                                                    
     is responsible  for conspicuous  display of  the shop's                                                                    
     license,  as  well  as employees'  and  booth  renters'                                                                    
     licenses.                                                                                                                  
                                                                                                                                
     Section 19                                                                                                                 
     AS 08.13.185(a)  requires that the  board set  fees for                                                                    
     initial hair braiding licenses and renewals.                                                                               
                                                                                                                                
     Section 21                                                                                                                 
     AS  08.13.210(a)   establishes  that  the   board  will                                                                    
     supervise health and  sanitary conditions in barbering,                                                                    
     hairdressing, hair  braiding, manicuring  and esthetics                                                                    
     shops, maintains  that DEC  will supervise  the tattoo,                                                                    
     piercing and cosmetic coloring shops.                                                                                      
                                                                                                                                
     Section 25                                                                                                                 
     AS  44.46.020(a)  removes   the  requirement  that  DEC                                                                    
     regulate  the standards  of cleanliness  and sanitation                                                                    
     in  barbering,  hairdressing, manicuring  or  esthetics                                                                    
     shops.                                                                                                                     
                                                                                                                                
     Section 26                                                                                                                 
     Uncodified  law directs  the board  to adopt  necessary                                                                    
     regulations to  implement these changes but  not before                                                                    
     the effective date.                                                                                                        
                                                                                                                                
     Section 27                                                                                                                 
     Uncodified  law -  provides that  section 26  will take                                                                    
     effect immediately.                                                                                                        
                                                                                                                                
     Section 28                                                                                                                 
     Uncodified law - provides that  all other sections take                                                                    
     effect January 1, 2018.                                                                                                    
                                                                                                                                
10:39:56 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon OPENED public testimony.                                                                                     
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
Vice-Chair Bishop discussed  two previously published fiscal                                                                    
notes that applied  to the bill. He addressed  FN1, from the                                                                    
Department of Commerce,  Community and Economic Development.                                                                    
He read from the analysis on page 2 of the fiscal note:                                                                         
                                                                                                                                
     If the bill  passes, the division will  require $6.3 to                                                                    
     cover legal  costs to amend regulations,  printing, and                                                                    
     postage  in  the  first  year.  Professional  licensing                                                                    
     programs within the  Division of Corporations, Business                                                                    
     and  Professional  Licensing   are  funded  by  Receipt                                                                    
     Supported Services,  fund source 1156 Rcpt  Svcs (DGF).                                                                    
     Licensing  fees  for each  occupation  are  set per  AS                                                                    
     08.01.065  so the  total  amount  of revenue  collected                                                                    
     approximately    equals    the   occupation's    actual                                                                    
     regulatory costs.                                                                                                          
                                                                                                                                
Vice-Chair  Bishop  discussed  FN2 from  the  Department  of                                                                    
Environmental Conservation,  which was  a zero  fiscal note.                                                                    
He  elaborated that  the technical  analysis indicated  that                                                                    
the  bill would  edit existing  regulations as  time allowed                                                                    
with the existing resources.                                                                                                    
                                                                                                                                
Vice-Chair Bishop  asked about  Section 7  of the  bill, and                                                                    
wondered  how the  amount  of 35  hours  of instruction  was                                                                    
chosen.                                                                                                                         
                                                                                                                                
Senator Micciche  stated that he had  researched other areas                                                                    
of the  United States  as well  as examined  the information                                                                    
that  needed to  be delivered  for hair  braiding; then  had                                                                    
estimated how much training was needed.                                                                                         
                                                                                                                                
10:43:10 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon was  concerned  that  the Department  of                                                                    
Environmental Conservation was not  involved on the issue of                                                                    
sanitation. She  relayed that the  committee had  been shown                                                                    
horrific  examples of  fungus and  other disease  associated                                                                    
with nail services.  She wondered if the  topic was affected                                                                    
as part of the proposed legislation.                                                                                            
                                                                                                                                
Senator  Micciche stated  that  DEC  had stopped  certifying                                                                    
barber and hairdresser  shops a year and  a half previously.                                                                    
He wanted  to give  the board the  authority to  certify and                                                                    
regulate  shops using  DEC codes,  which  was not  currently                                                                    
happening.                                                                                                                      
                                                                                                                                
Vice-Chair  Bishop asked  if DEC  regulations were  still in                                                                    
place, but not enforced.                                                                                                        
                                                                                                                                
Senator Micciche answered in the affirmative.                                                                                   
                                                                                                                                
Vice-Chair  Bishop asked  if  there was  a  problem with  an                                                                    
infection if  a service  provider could be  held to  the DEC                                                                    
regulations in a court of law.                                                                                                  
                                                                                                                                
Senator Micciche  stated that technicians  would be  held to                                                                    
the same regulation, but by the board rather than DEC.                                                                          
                                                                                                                                
Co-Chair MacKinnon wanted the committee  to hear from DEC on                                                                    
the issue.  She believed  that the  department would  be re-                                                                    
writing  regulations,  and wondered  if  it  would keep  the                                                                    
regulations  that  Senator  Micciche  was  speaking  to,  or                                                                    
eliminate them for lack of jurisdiction.                                                                                        
                                                                                                                                
Senator Micciche stated that the  matter had been of concern                                                                    
for some  time. He wanted  there to be an  entity regulating                                                                    
cleanliness  to  DEC standards,  and  it  was not  currently                                                                    
occurring. The  bill was attempting  to ensure of  method of                                                                    
public safety that did not currently exist.                                                                                     
                                                                                                                                
Co-Chair MacKinnon stated that  the committee needed to hear                                                                    
from  DEC  to  get   confirmation  that  health  and  safety                                                                    
standards  would  stay  in existence.  She  thought  Senator                                                                    
Micciche  was   suggesting  that  the  standards   would  be                                                                    
monitored through a licensing structure.                                                                                        
                                                                                                                                
Senator Micciche answered in the affirmative.                                                                                   
                                                                                                                                
Senator von  Imhof asked the sponsor  if it was a  good idea                                                                    
to  hear from  a board  member about  the responsibility  of                                                                    
employing and implementing DEC standards.                                                                                       
                                                                                                                                
Senator Micciche thought  it was a good idea to  hear from a                                                                    
board  member.  He  stated  that   board  members  would  be                                                                    
available  to  testify.  He   encouraged  the  committee  to                                                                    
consider  the  bill's   supporting  documents,  which  would                                                                    
inform on the  problems faced in the  business. He confirmed                                                                    
that the  board had requested  that the bill be  changed due                                                                    
to  the  concern  that  DEC was  no  longer  regulating  the                                                                    
standards; and  pointed out that  the bill  being considered                                                                    
was a sponsor substitute.                                                                                                       
                                                                                                                                
Co-Chair MacKinnon set the bill aside.                                                                                          
                                                                                                                                
SB 4 was HEARD and HELD in committee for further                                                                                
consideration.                                                                                                                  
                                                                                                                                
Co-Chair MacKinnon stated that proposed amendments were due                                                                     
by noon the following day.                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
CSSB 37 (FIN) Sectional Analysis version R 4-14-17.pdf SFIN 4/17/2017 9:00:00 AM
SB 37
SB 37 Work Draft Version R.pdf SFIN 4/17/2017 9:00:00 AM
SB 37
CS SB 37 (FIN) vsn R Sponsor Statement.pdf SFIN 4/17/2017 9:00:00 AM
SB 37
SB 37 CSSB 37(SFIN) Responses to Questions 4-17-17 cg.pdf SFIN 4/17/2017 9:00:00 AM
SB 37