03/02/2017 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| SB29 | |
| SB4 | |
| SB51 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 4 | TELECONFERENCED | |
| *+ | SB 51 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 15 | TELECONFERENCED | |
| += | SB 29 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 2, 2017
1:34 p.m.
MEMBERS PRESENT
Senator Mia Costello, Chair
Senator Shelley Hughes, Vice Chair
Senator Kevin Meyer
Senator Berta Gardner
MEMBERS ABSENT
Senator Gary Stevens
COMMITTEE CALENDAR
SENATE BILL NO. 15
"An Act relating to possession of an electronic smoking product
or a product containing nicotine by a minor and to selling or
giving an electronic smoking product to a minor; relating to
business license endorsements to sell cigarettes, cigars,
tobacco, products containing tobacco, electronic smoking
products, or products containing nicotine; and relating to
citations for certain offenses concerning tobacco or nicotine
products."
- MOVED CSSB 15(L&C) OUT OF COMMITTEE
SENATE BILL NO. 29
"An Act repealing the Workers' Compensation Appeals Commission;
relating to decisions and orders of the Workers' Compensation
Appeals Commission; relating to superior court jurisdiction over
appeals from Alaska Workers' Compensation Board decisions;
repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of
Appellate Procedure, and amending Rules 202(a), 204(a) - (c),
210(e), 601(b), and 603(a), Alaska Rules of Appellate Procedure;
and providing for an effective date."
- MOVED SB 29 OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4
"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."
- HEARD & HELD
SENATE BILL NO. 51
"An Act extending the termination date of the Board of
Veterinary Examiners; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 15
SHORT TITLE: E-CIGS: SALE TO AND POSSESSION BY MINOR
SPONSOR(s): SENATOR(s) STEVENS
01/13/17 (S) PREFILE RELEASED 1/13/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) L&C, JUD
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/21/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/21/17 (S) Heard & Held
02/21/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) <Bill Hearing Canceled>
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 29
SHORT TITLE: REPEAL WORKERS' COMP APPEALS COMMISSION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/20/17 (S) READ THE FIRST TIME - REFERRALS
01/20/17 (S) L&C, JUD, FIN
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) Heard & Held
02/28/17 (S) MINUTE(L&C)
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 4
SHORT TITLE: NON-CHEMICAL BARBERING;HAIR BRAIDING
SPONSOR(s): SENATOR(s) MICCICHE
01/09/17 (S) PREFILE RELEASED 1/9/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) L&C, FIN
02/17/17 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/17/17 (S) L&C, FIN
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 51
SHORT TITLE: EXTEND BOARD OF VETERINARY EXAMINERS
SPONSOR(s): SENATOR(s) VON IMHOF
02/08/17 (S) READ THE FIRST TIME - REFERRALS
02/08/17 (S) L&C, FIN
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
POSITION STATEMENT: Reviewed the differences between version A
and version R of SB 15.
ANGELA BIRT, Chief Investigator
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 15.
SENATOR PETER MICCICHE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 4.
RACHEL HANKE, Staff
Senator Peter Micciche
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Delivered a sectional analysis for SSSB 4.
CHRISTINA CARPENTER, Director
Division of Environmental Health
Department of Environmental Conservation (DEC)
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SSSB 4.
JANEY HOVENDEN, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions related to SSSB 4.
WILLIE CANADY, Member
Board of Barbers and Hairdressers
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SSSB 4.
JEANNINE JABAAY, Member
Board of Barbers and Hairdressers
Hope, Alaska
POSITION STATEMENT: Testified in support of SSSB 4.
KEVIN MCKINLEY, Chair
Board of Barbers and Hairdressers
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SSSB 4.
DAVE COLESON, Old-Fashioned Barber
Kenai, Alaska
POSITION STATEMENT: Testified in support of SSSB 4.
SHAREEN CROSBY, Staff
Senator Natasha von Imhof
Alaska State Legislature
POSITION STATEMENT: Introduced SB 51 on behalf of the sponsor.
SENATOR NATASHA VON IMHOF
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 51.
KRIS CURTIS, Legislative Auditor
Division of Legislative Audit
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Discussed the sunset audit addressed in SB
51.
RACHEL BERNGARTT, Member
Board of Veterinary Examiners
Juneau, Alaska
POSITION STATEMENT: Testified on SB 51.
PAMELA SAMASH, representing herself
Nenana, Alaska
POSITION STATEMENT: Testified in opposition to SB 51 due to lack
of rural representation.
MARGIE RILEY, representing herself
Nenana, Alaska
POSITION STATEMENT: Testified in opposition to SB 51 due to lack
of rural representation.
ANGIE FITCH, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 51 due to lack
of rural representation.
LEA MCKENZIE, representing herself
Sutton, Alaska
POSITION STATEMENT: Testified in opposition to SB 51 due to lack
of rural representation.
BRIAN BERUBE
Veterinary Clinic
Rural Alaska
POSITION STATEMENT: Testified that he would support SB 51 if it
were amended to include rural representation.
ACTION NARRATIVE
1:34:05 PM
CHAIR MIA COSTELLO called the Senate Labor and Commerce Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Meyer, Hughes, Gardner, and Chair Costello.
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
1:35:13 PM
CHAIR COSTELLO announced the consideration of SB 15. She noted
that there was a new committee substitute (CS).
1:35:57 PM
SENATOR HUGHES moved to adopt the work draft CS for Senate Bill
15, labeled 30-LS0170\R, as the working document.
1:36:07 PM
CHAIR COSTELLO objected for an explanation.
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, sponsor of SB 15, reminded the members that the
primary purpose of the is bill is to restrict youth access to e-
cigarette products.
He reviewed the changes between version A and version R of SB 15
speaking to the following summary: [Original punctuation
provided.]
The Department of Commerce, Community, & Economic Development
requested penalties associated with violations of the law
restricting youth access to tobacco and E-Cigarette products
be increased to more effectively compel compliance, as
described below.
CSSB 15 (L&C) Version R, increases the criminal and civil
penalties (fines) associated with violating the law by selling
tobacco, products containing nicotine, or E-Cigarette products
to minors, as follows:
1. Under AS 43.70.075(d), the person holding the
business license endorsement is fined the following:
1st offense: a civil penalty of $1,000
(increased from $300)
2nd offense: a civil penalty of $2,000
(increased from $500)
3rd offense: a civil penalty of $4,000
(increased from $1,000)
After 3 convictions: suspend license
indefinitely (increased from 1 year) and a
civil penalty of $10,000 (increased from
$2,500)
The only other substantive change in Version R is
regarding the required product 'warning' signage. The
verbiage is consolidated to include reference to
tobacco products, products containing nicotine, or
"electronic smoking products," as being illegal to
sell to persons under the age of 19. The dimensions of
the signage were reduced to 8.5" x 11" to allow for
more efficient means for DCED to e-mail signage to
vendors, and for vendors to print and post signage on
their own. This change will reduce the current fiscal
note considerably.
1:39:30 PM
SENATOR HUGHES asked what "indefinite suspension of license
after three convictions" means in practice.
MR. LAMKIN suggested the department speak to that, but he
believes there would be no good-faith remedy after three
convictions.
1:40:34 PM
ANGELA BIRT, Chief Investigator, Division of Corporations,
Business, and Professional Licensing, Department of Commerce,
Community and Economic Development (DCCED), explained that a
business or person could resume selling tobacco products if both
DCCED and the Department of Health and Social Services were
satisfied that appropriate training and constraints were in
place to prevent the sale of tobacco or nicotine products to
children.
CHAIR COSTELLO asked the department to put that in writing, so
it could follow the bill through the process.
SENATOR HUGHES commented that three occurrences over 30 years is
very different than three occurrences over just a few years so
it's appropriate to have a path back to good standing.
MR. LAMKIN pointed out that the bill stipulates three
occurrences within two years.
SENATOR GARDNER asked if the department wanted the penalties in
Section 14 to apply to all tobacco sales and if the bill is a
vehicle for that.
MR. LAMKIN said that is his understanding but the department
should speak to that directly.
1:43:22 PM
MS. BIRT confirmed that the department asked for the change to
update the fine structure and support the cost of running the
program.
SENATOR HUGHES asked if the bill only requires these products to
be behind the counter and out of reach, not out of a child's
sight.
MR. LAMKIN answered that's correct.
SENATOR HUGHES suggested that should be addressed at some point
in the future. She asked if the sponsor would consider requiring
the products to be out of sight rather than just incidentally
behind the counter.
MR. LAMKIN said that has been brought to the sponsor's attention
and the idea will be vetted.
CHAIR COSTELLO removed her objection and found no further
objection; therefore, version R was adopted.
1:48:10 PM
SENATOR HUGHES moved to report the CS for SB 15 from committee
with individual recommendations and attached fiscal note(s).
CHAIR COSTELLO announced that without objection, CSSB 15(L&C) is
reported from the Senate Labor and Commerce Standing Committee.
1:48:23 PM
SB 29-REPEAL WORKERS' COMP APPEALS COMMISSION
1:50:33 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SB 29. She noted that the department endorsed
the bill and Andy Hemenway contacted her office to say he is
interested in changing his earlier testimony. She suggested he
send a letter so that his sentiment could be included in the
official bill file. She noted that Mr. Hemenway was the former
[Chair] of the Workers' Compensation Appeals Commission so he
has intimate knowledge of how the commission works. Finding no
questions, she solicited a motion.
1:52:09 PM
SENATOR HUGHES moved to report SB 29 from committee with
individual recommendations and attached fiscal note(s).
CHAIR COSTELLO announced that without objection, SB 29 is
reported from the Senate Labor and Commerce Standing Committee.
1:52:27 PM
At ease
SB 4-NON-CHEMICAL BARBERING;HAIR BRAIDING
1:56:14 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SSSB 4. She stated that this is the first
hearing and the intention is to hear the bill, take member's
questions, and hold the bill for further consideration.
1:56:57 PM
SENATOR PETER MICCICHE, Alaska State Legislature, sponsor of
SSSB 4, introduced the bill speaking to the following sponsor
statement: [Original punctuation provided.]
During this time of recession in Alaska's economy, we
are evaluating the balance between quality training
programs and situations where government has hindered
commerce and the ability for Alaskans to earn a
living. Revisions to the barbers' and hairdressers'
statutes provide several opportunities to correct
these imbalances.
Under Title 8 licensed professionals regulated by the
Board of Barbers and Hairdressers (Board) must work in
a licensed shop. These students or practitioners are
required by statute to conspicuously display their
licenses, however the shop owner is not. This inequity
has led to employees being fined because, unbeknownst
to them, the shop owner's license had lapsed.
SSSB4 requires the shop owner to conspicuously display
the shop license, as well as the licenses of
employees, renters and students.
By statute, an individual must obtain a shop
certification from the Department of Environmental
Conservation (DEC) before they receive a license from
the Board of Barbers and Hairdressers. The DEC is no
longer providing certifications due to budget
reductions. SSSB4 will allow a DEC standard self-
certification process regulated through the Board.
Additionally, SSSB4 creates two new license types.
First is a non-chemical barber's license. Currently,
all barbers are held to nearly the same standard as
hairdressers and are required to have practical
training in chemical waving, chemical straightening,
bleaching, and coloring.
They must complete a total of 1,650 training hours or
3,000 apprentice hours, which is equivalent to
hairdressers. SSSB4 will open the door to more
Alaskans interested in joining the industry by
balancing training requirements and reducing the
burden. In essence, the bill provides more economic
opportunity and less government-induced burden for
hard working Alaskans. The higher-level barber's
license will remain available to those who wish to
perform chemical procedures.
Finally, SSSB4 will create a specific license for
braiding; a trade that has been growing in popularity.
Braiders are also being held to the same standard as
hairdressers, including the same 1,650 hours or more
of practical training in addition to a written exam.
This bill will welcome more workers into the industry,
creating jobs and a stronger economy by balancing
training requirements to the specific demands and
required skills of the trade.
1:59:55 PM
RACHEL HANKE, Staff, Senator Micciche, Alaska State Legislature,
delivered the following sectional analysis of SSSB 4.
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.
CHAIR COSTELLO asked if there is a definition in statute for
hair braiding.
MS. HANKE read the definition on page 9, lines 1-4, of the bill.
CHAIR COSTELLO asked if the bill covers environments such as a
state fair where a volunteer might be braiding.
MS. HANKE said she would check with the department but she
believes they would need a license.
SENATOR MICCICHE clarified that the bill doesn't expand the
universe of those required to have a license. It simply
streamlines the requirements for professional hair braiders.
2:04:52 PM
SENATOR HUGHES asked if a hairdresser could hire someone right
now who knows how to braid but isn't licensed. If so, the bill
would increase the requirements for hair braiders.
SENATOR MICCICHE emphasized that the bill reduces requirements.
A hairdresser can't hire someone to work in their shop if they
haven't been through the training. He said the bill tries to
balance the training hours against DEC's requirements for
hygiene.
SENATOR HUGHES asked for an explanation of how it would work to
have the board supervise health and sanitary conditions for hair
braiding.
CHRISTINA CARPENTER, Director, Division of Environmental Health,
Department of Environmental Conservation (DEC), Anchorage,
Alaska, explained that with FY2016 budget reductions DEC neither
issues memos of non-objection for a business to operate nor does
inspections as a result of complaints.
SENATOR MICCICHE said he envisions that none of the DEC
standards will be reduced. The board will develop a system of
self-certification to maintain those same standards and provide
the same protections.
SENATOR HUGHES asked if the board has the authority to
investigate complaints.
SENATOR MICCICHE clarified that DEC isn't relinquishing its
authority if there is a hygiene complaint.
2:09:38 PM
SENATOR MEYER asked if hair braiders in a booth at the state
fair and similar venues would be required to have a license.
2:10:22 PM
JANEY HOVENDEN, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), advised that a volunteer would not
need a license; they are only required when someone is braiding
for commercial purposes.
SENATOR MEYER asked if it's a commercial operation if the booth
is charging $10 for braiding.
MS. HOVENDON said she would follow up with the answer.
SENATOR MEYER said he likes the South Dakota approach that
doesn't require training or licensing for hair braiding.
SENATOR MICCICHE restated that there are some expectations of
hygiene and cleanliness that need to be balanced against
requirements for training. He acknowledged that fewer training
hours is the committee's discretion and offered his belief that
no training would be inadequate.
SENATOR MEYER asked how many hours of training would get Alaska
to an A or B grade.
SENATOR MICCICHE reviewed a handout that indicated that a state
would receive an A if it didn't require any training hours, an
A- if it required 6 hours of training, and a B+ if it required
16 hours of training. He said he isn't shooting for an A in this
context because there is some responsibility to ensure the
health and wellbeing of Alaskans.
SENATOR MEYER asked if that organization also grades non-
chemical barbers.
2:15:06 PM
SENATOR MICCICHE said the document he is citing only addresses
braiding.
SENATOR MEYER commented on not imposing an undue burden on
barbers with 35 hours of training and added that he would accept
what the bill proposes.
SENATOR MICCICHE said he trusts the Board of Barbers and
Hairdressers and he believes their approach has been reasonable.
He asked the committee to also take a reasonable approach to
ensure adequate public safety.
2:16:42 PM
SENATOR GARDNER said it seems that the shop owner has
responsibility for basic cleanliness of the facility and making
sure that workers practice basic sterilizing for brushes and
combs. She said she doesn't see a lot of public purpose in
requiring 35 hours training for someone who is braiding hair.
She expressed concern that DEC doesn't do any inspections and
related a personal experience that demonstrates the need for
them.
SENATOR MICCICHE pointed out that inspections are not being done
now, and individuals are licensed on their professional conduct.
The shop is licensed, and the professional hairdresser is
licensed. Should the bill pass, barbers and braiders will have
their own standards of conduct and professionalism, but all the
licenses require some level of training. He urged balance and
cautioned against amending the bill to zero hours of training
for braiders.
2:20:00 PM
SENATOR HUGHES asked if the 35 hours is all on hygiene or if
part of it is instruction in braiding.
SENATOR MICCICHE said Section 7 lays out the health, safety, and
skill training for a hair braider.
SENATOR HUGHES mentioned the health concern of detecting lice
and scalp infections that a braider would need to be aware of.
2:22:04 PM
SENATOR GARDNER asked, instead of identifying a number of hours,
if it makes sense to say a person has to demonstrate an
appropriate understanding of the health, safety, and sanitation
practices for the particular work. It would be different for
someone who does braiding than someone who does chemical dying.
SENATOR MICCICHE clarified that all certifications are based on
hours of training. The bill reduces the number of hours required
for barbers and hair braiders to be certified from 1,650 to 35.
The board has determined that this is the number of hours to
adequately train an individual to understand the trade as well
as public health, safety, and sanitation.
SENATOR GARDNER observed that this can be an entry level
business and not everyone has to have the same level of
expertise. A haircut can cost $100 or $10 and the market
accommodates that.
SENATOR HUGHES asked what it would cost for 35 hours of
instruction.
SENATOR MICCICHE deferred the question to the board and reminded
the committee that the bill is about reducing the number of
hours of instruction from 1,650 to 35. He reiterated that it is
important to recognize basic policies and procedures that ensure
public safety.
2:26:02 PM
CHAIR COSTELLO asked Ms. Hovenden if the Board of Barbers and
Hairdressers is operating in the red or black and if she had any
concerns to share with the committee.
MS. HOVENDEN advised that the board ended the first quarter of
FY2017 $460,688 in the black, and that there are no concerns
about the board's financial health.
2:27:15 PM
CHAIR COSTELLO opened public testimony on SSSB 4.
2:27:33 PM
WILLIE CANADY, Member, Board of Barbers and Hairdressers,
Anchorage, Alaska, explained that hair braiding is meshing,
weaving, and in-weaving natural hair without using chemicals.
She maintained that 35 hours of instruction is adequate to
ensure an understanding of safety, sanitation, and hair and
scalp analysis. The bill seeks to encourage braiders to come out
of the shadows and ensure health and safety for customers. She
said many braiders operate out of their homes because they don't
want to pay for 1,600 hours of instruction when 85 percent of
the curriculum doesn't apply to braiding. She pointed out that
the bill does not cover advanced techniques such as full-head
weaving, just braiding.
CHAIR COSTELLO asked her to email photos to illustrate the type
of braiding under discussion.
SENATOR MEYER said he's come to agree with the sponsor that 35
hours of training is adequate, but he wonders how much it would
cost and how many places in Alaska provide this type of
training.
MS. CANADY said everyone she's spoken with agrees that anything
under 50 hours is sufficient for braiding certification.
CHAIR COSTELLO asked her to forward the letters discussing hours
of instruction to her office. She also asked what the
instruction costs.
MS. CANADY estimated that 50 hours would cost about $600.
CHAIR COSTELLO asked what braiders charge.
MS. CANADY said it depends on what the client wants, but it can
cost $350-$500 for a job that takes two days to complete. Basic
cornrows without any design costs $25-$50.
CHAIR COSTELLO asked how many training facilities are in Alaska.
MS. CANADY replied there are none.
CHAIR COSTELLO asked where in Alaska you could receive the 35
hours of training.
MS. CANADY said any hair school or shop with an apprenticeship.
2:37:11 PM
SENATOR GARDNER asked who is responsible for evaluating and
approving the quality of the trainers.
MS. CANADY said you need to be a licensed instructor in the
state of Alaska.
SENATOR GARDNER asked who licenses instructors in Alaska.
MS. CANADY replied the Board of Barbers and Hairdressers. She
also discussed instruction requirements for non-chemical
barbering. She suggested looking at the curriculum and removing
the portions related to the use of chemicals to tell what the
appropriate number of hours of instruction would be for non-
chemical barbers, which involves learning to use scissors and
give a shave.
2:38:43 PM
JEANNINE JABAAY, Member, Board of Barbers and Hairdressers,
Hope, Alaska, stated that SSSB 4 will help grow commerce, clean
up the statutes, and remove burdensome regulation. Creating new
licenses for hair braiding and non-chemical barbering will
increase job opportunities. She said board members and licensees
are very concerned about cross contamination of contagious
diseases of the scalp and want practitioners who recognizes
these issues.
She agreed with Ms. Canady's testimony that there is no formal
training in Alaska to teach braiding and instruction on safety
and sanitation. She shared her preference to allow the board to
adopt regulations to demonstrate that safety standards are being
met, similar to how it is addressed for non-chemical barbering.
Addressing an earlier question, she opined that current schools
throughout the state could easily adopt new curriculum to
address these new licenses.
She stated support for eliminating the reference to DEC
inspections because they haven't happened since July of 2015.
That is what forced the board to allow self-certification. Under
the current process, the applicant submits a notarized form
stating that they meet the DEC safety regulations. She pointed
out that self-certification is not compliant with statute and
exposes the state to a potential lawsuit.
The bill also protects employees by requiring a shop owner to
display their current license. She noted there is a letter of
support in the packets from a shop owner who doesn't believe
their employees should be penalized if the owner allowed their
license to lapse. With regard to volunteers at schools, fairs,
and church carnivals that manipulate hair for a fee and not
charity, she said those operations fall outside the statute. She
stated support amending the bill to correct that.
MS. JABAAY suggested adding a provision to grandfather nail
technicians so they don't have to prove additional educational
hours. This was an unintended consequence of House Bill 131 that
was enacted in January 2016. It affects 994 technicians who
could lose their livelihood by 2019 if the amendment isn't made.
She highlighted that the board is receipt supported and is
consistently operating in the black. She expects it to carry a
zero general fund fiscal note.
CHAIR COSTELLO noted that the bill has a fiscal note, so it will
go to the Finance Committee. She expressed appreciation for the
information that the 35 hours of instruction doesn't have to do
with non-chemical barbering. The board will decide the hours
required for that training.
2:44:05 PM
KEVIN MCKINLEY, Chair, Board of Barbers and Hairdressers,
Anchorage, Alaska, said the board agrees with the testimony from
Ms. Canady and Ms. Jabaay on SSSB 4. He agreed with the
provision to remove the requirement for DEC inspections from the
statutes, and opined that 35 hours of training isn't much time
when the curriculum is split into safety, sanitation, and skin
conditions, and then the actual hair braiding.
He also stated support for amending the bill to grandfather nail
technicians from House Bill 131 and addressing braiders who
volunteer their services.
SENATOR HUGHES asked Ms. Jabaay if she supports treating
instruction for hair braiders the same as for non-chemical
barbering.
MS. JABAAY said her personal preference is to allow the Board to
adopt regulations governing hours of instruction instead of
through the legislative process.
SENATOR HUGHES suggested getting the sponsor's thoughts on that
recommendation.
2:48:59 PM
DAVE COLESON, representing himself, Kenai, Alaska, stated he has
been a licensed barber in Alaska since 1985 and a licensed
instructor since 1992. He talked about the injustice to the men
and women of Alaska because the old-fashioned barbershops are
disappearing. Forcing students to learn how to perform chemical
services is unnecessary for those who want to be a plain old-
fashioned barber. He said the current mindset won't keep this
iconic American tradition alive and men and women will be deeply
disappointed when they can't find an iconic barbershop to
introduce their son to keep the monthly Saturday haircut
tradition alive. He shared that as an instructor he is
approached by a few people a year who want to do straight-razor
shaves and flat tops, but when they find they will be required
to learn to perform perms and hair coloring they back off.
He expressed hope for a law that allows the continued existence
of barbers that do not have a chemical license.
CHAIR COSTELLO clarified that his letter states support for SSSB
4 because it addresses individuals who want to be a barber but
not a beautician.
MR. COLESON agreed.
2:51:07 PM
SENATOR GARDNER thanked Mr. Coleson for his testimony. It
reminded her that her grandfather converted his front porch to a
barbershop when he retired. "He spent the rest of his life
cutting his neighbors' hair and giving them a Saturday morning
shave."
MR. COLESON replied it's an important part of the fabric of the
nation.
SENATOR HUGHES shared that her father-in-law was an old-
fashioned barber; she envisions a Norman Rockwell painting.
MR. COLESON responded, "We're losing that, and we need to keep
it alive."
2:52:13 PM
CHAIR COSTELLO closed public testimony on SSSB 4 and held the
bill in committee.
SB 51-EXTEND BOARD OF VETERINARY EXAMINERS
2:52:47 PM
CHAIR COSTELLO announced the consideration of SB 51. She noted
that this is the first hearing; the intention is to hear the
bill, take members questions, take public testimony, and hold
the bill for further consideration.
2:53:34 PM
SHAREEN CROSBY, Staff, Senator Natasha von Imhof, Alaska State
Legislature, introduced SB 51 on behalf of the sponsor speaking
to the following sponsor statement:
SB 51 extends the termination date of the Board of
Veterinary Examiners (BVE). Currently, the board will
sunset on June 30, 2017. SB 51 extends this date by
eight years, to June 30, 2025.
I encourage all of the members to review the
Legislative Audit summary and the full audit report.
Your will see that in the opinion of our auditors, the
BE is serving the public's interest by effectively
licensing and regulating veterinarians and veterinary
technicians. The board monitors licensees and works to
ensure only qualified individuals practice.
Additionally it was found, the board develops and
adopts regulations to improve the veterinarian and
veterinary technician occupations in Alaska.
The BVE serves an important role in protecting the
health and safety of Alaska's many pets and farm
animals. From lap dogs to sled dogs, ball pythons to
sleigh-pulling work horses, our pets and animals in
Alaska deserve qualified veterinarians and veterinary
technicians for their care and well-being. The
continuation of the board is very important.
MS. CROSBY noted the individuals available to answer questions.
SENATOR NATASHA VON IMHOF, Alaska State Legislature, sponsor of
SB 51, said this is an excellent board that does good work. She
deferred questions to her staff and the auditor.
CHAIR COSTELLO clarified that testimony should be restricted to
the bill itself.
2:56:37 PM
KRIS CURTIS, Legislative Auditor, Division of Legislative Audit,
Alaska State Legislature, stated that the division conducted a
sunset audit of the Board of Veterinary Examiners and concluded
that the board is serving the public interest by effectively
licensing and regulating veterinarians and veterinary
technicians and is appropriately regulating the industry. The
audit recommends that the legislature extend the board's
termination date eight years to June 30, 2025.
She directed attention to Exhibit 2 on page 5 of the audit that
reports that as of February 2016 this board had 670 licenses.
She noted this is a 57 percent increase since the last sunset
audit in 2008. Exhibit 3 on page 5 reports that at the end of
FY2013 the board had a $108,829 surplus. Fees were decreased at
that time so at the end of FY2015 the surplus was $22,735. Fees
were not adjusted and at the end of February 2016 the board was
running a [$25,828] deficit. At the time of the audit, the
Division of Corporations, Business and Professional Licensing
indicated plans to reassess fees at the end of FY2016.
MS. CURTIS directed attention to the administrative housekeeping
recommendation on page 7 for the board chair to review the
annual report for accuracy and completeness before final
submission to the Department of Commerce, Community, and
Economic Develop. It was an oversight of DCBPL staff that every
year for the last four years the board reported on the status of
the Board of Dental Examiners rather than those of the Board of
Veterinary Examiners.
2:59:14 PM
SENATOR GARDNER asked if the board addressed the fee increase at
the end of FY2016.
MS. CURTIS said she didn't know and deferred the question to the
division.
SENATOR MEYER asked about the 69 open complaints, 18 of which
resulted in investigations.
MS. CURTIS said that is discussed on the bottom of page 3. She
paraphrased the following:
There were 69 complaints open or opened between July
1, 2012, and February 15, 2016. Eighteen
investigations resulted from the complaints, of which
14 were closed during the period. The remaining four
open investigations were open for less than eight
months as of February 2016.
She explained that this review is done to assess timely
investigations and the conclusion was there was not a
significant problem with timeliness.
SENATOR GARDNER asked if the complaints that weren't
investigated were not pursued because they were unfounded, out
of jurisdiction, or some other reason.
MS. CURTIS said the audit doesn't report the reason, but the
myriad of codes for not going forward include those she
mentioned.
SENATOR GARDNER asked if those numbers are in the auditor's
comfort range.
MS. CURTIS said the risk-based approach to auditing indicated it
didn't warrant expending resources.
CHAIR COSTELLO asked what the threshold is for identifying an
area as a risk worth investigating.
MS. CURTIS explained that during the planning survey phase of an
audit they review board meeting minutes and annual reports, they
interview board members and department licensing staff, and they
get statistics from the investigative section. If that process
shows complaints aren't followed up or there are concerns with
investigations in general, they will identify that as an area of
risk and do detailed audit work on it.
SENATOR GARDNER asked if unusually high expenses accounted for
the rapidly declining surplus between FY2013 and FY2015, because
licenses increased 57 percent in that timeframe.
MS. CURTIS said the detail expenditures in Exhibit 3 were not
identified as an area of concern. She acknowledged that
increasing licenses typically reduces a deficit.
CHAIR COSTELLO asked when the board was established and if an
eight-year extension is a typical for this board.
MS. CURTIS said this board received the maximum eight-year
extension after the 2008 sunset audit. She noted that the
recommendations from the prior audit are at the top of page 7.
One recommendation was to review and decrease licensing fees,
which is an indication there was a surplus. Another
recommendation was to fill vacant seats in a timely manner.
Those recommendations were addressed.
3:05:40 PM
At ease
3:05:45 PM
CHAIR COSTELLO reconvened the meeting and opened public
testimony on SB 51.
3:06:46 PM
RACHEL BERNGARTT, Member, Board of Veterinary Examiners,
reported that in July 2016 the cost to renew all licenses for
this board increased dramatically; for veterinarians a license
jumped from $300 to $500. The board suggested numbers they
thought would significantly address the deficit, but the state
had a different idea. She predicted that the board would soon be
well in the black.
She pointed out that the audit found the board to be functional,
necessary and unique.
SENATOR MEYER asked the cost of a veterinary license and a
veterinary technician license.
MS. BERNGARTT said the veterinary license renewal is $500 and
the veterinary technician license renewal is $100. Prior to 2016
the numbers were $300 and $50 respectively.
SENATOR HUGHES asked if there is still a shortage of
veterinarians in Alaska.
MS. BERNGARTT replied the state is in much better shape now than
a few years ago. She advised that the University of Alaska
Fairbanks has a veterinarian program now; after two years the
students transfer to a sister program at a university in the
Lower 48. She added that the board is very cognizant of the
shortage and strives to get veterinary services to rural
communities.
SENATOR HUGHES said that's encouraging to hear.
3:11:24 PM
PAMELA SAMASH, representing herself, Nenana, Alaska, stated
opposition to SB 51 because the current board has done little to
help people in rural communities. Her community is going on the
fourth year of having no veterinary care, which includes no spay
or neutering and no rabies vaccines. This is a problem
throughout Alaska and it stems from the fact that the current
board has no rural representation.
She proposed starting with an entirely new board where rural
people have a voice.
SENATOR GARDNER asked if she has suggestions about how the board
can increase the number of veterinarians in rural Alaska.
MS. SAMASH said it would help to have a couple of people from
rural communities on the board. They would actually look at the
licenses of traveling vets who apply and decide whether or not
to approve the applications. That isn't happening right now;
it's generally known that itinerate vets have difficulty getting
a license in Alaska.
SENATOR GARDNER asked if she is saying that traveling or out-of-
state veterinarians don't get the necessary approval to practice
in Alaska.
MS. SAMASH said that's been her experience.
CHAIR COSTELLO asked if her reference to traveling veterinarians
means about veterinarians within Alaska who would travel to
rural communities to provide services or veterinarians from
outside the state who would do the same.
MS. SAMASH said all the above although it's more difficult for
veterinarians from outside the state to get a license.
Veterinarians within the state generally charge full price
despite the limited resources of many rural residents.
Veterinarians from outside often come from organizations that
help with supplies so the cost to the consumer is less. She
highlighted the problem of expired rabies vaccines and the
dearth of rabies clinics in rural Alaska. It's becoming a human
health risk, she said.
3:18:54 PM
MARGIE RILEY, representing herself, Nenana, Alaska, testified in
opposition to SB 51. She reported on the lack of health care for
animals throughout the Interior. She asked the committee to
reconsider the composition of the board and recognize the
importance of having veterinarians who will travel to rural
communities.
3:20:38 PM
ANGIE FITCH, representing herself, Fairbanks, Alaska, urged the
committee to either vote no on SB 51 or amend it to add rural
representation.
3:21:27 PM
LEA MCKENZIE, representing herself, Sutton, Alaska, testified in
opposition to SB 51. She described her experience with animal
rescue and working in a clinic with a traveling veterinarian.
Based on that experience she does not believe that the board is
serving the public interest. She urged the committee not to
extend the board until changes are made such that traveling
veterinarians are approved to work in remote villages.
3:23:18 PM
BRIAN BERUBE, representing himself, Rural, Alaska, advised that
he has helped set up veterinary clinics in rural communities and
he believes that the veterinary board has made progress in
trying to solve the problems in rural communities associated
with access to care. However, it's clear that a large portion of
the state doesn't have adequate access to veterinary care.
Having rural representation on the board would be beneficial for
those areas and the entire state and improve the public
perception.
CHAIR COSTELLO held SB 51 in committee for further consideration
with public testimony open.
CHAIR COSTELLO reviewed the agenda for the following week.
3:26:46 PM
There being no further business to come before the committee,
Chair Costello adjourned the Senate Labor and Commerce Standing
Committee meeting at 3:26 p.m.