Legislature(2017 - 2018)BARNES 124
03/19/2018 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): | |
| SB4 | |
| HB403 | |
| HB379 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 403 | TELECONFERENCED | |
| += | HB 401 | TELECONFERENCED | |
| + | HB 379 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | SB 4 | TELECONFERENCED | |
SB 4-NON-CHEMICAL BARBERING;HAIR BRAIDING
3:27:14 PM
CHAIR KITO announced that the next order of business would be
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."
3:27:34 PM
SENATOR PETER MICCICHE, Alaska State Legislature, presented SB 4
as prime sponsor. He paraphrased from the sponsor statement
[included in committee packet], which reads as follows [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. SB4 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. SB4 will allow a DEC standard self-
certification process regulated through the Board.
Additionally, SB4 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, which is equivalent to
hairdressers. SB4 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, SB4 will create a specific license for
braiding. Braiders are also currently 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 SB4 proposes 35 hours of training.
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.
3:34:05 PM
REPRESENTATIVE WOOL moved to adopt CS for SB 4 Version N as the
working document.
CHAIR KITO objected for the purpose of discussion.
3:34:19 PM
CAITLYN ELLIS, Staff, Representative Sam Kito, Alaska State
Legislature, presented the changes in the CS to SB 4 [included
in committee packet]. She pointed out that the document reads
"SB173," but in fact contains information on SB 4. She
paraphrased the explanation of changes, Version U.A. to N, which
reads as follows [original punctuation provided]:
A large majority of the proposed changes make minor
grammatical changes throughout the bill which separate
the practices of tattooing and cosmetic coloring
thereby creating two license types.
Page 2, lines 3, 12-22, 26; Page 3, lines 2-3, 21;
Page 4, lines 2, 6, 17; Page 5, lines 17-18, 22-24;
Page 6, line 21; Page 7, lines 11, 22-23, 28-29; Page
8 lines 11-12, 21-31; Page 9, lines 1, 29; Page 10,
lines 26, 28; Page 11, line 26; Page 12, lines 4, 7-8,
14-15, 19-20, 29; Page 13, lines 2, 8, 12-13, 16; Page
14 line 28; Page 15, lines 3-4, 9-11.
The following proposed changes are suggestions
provided by the Department of Commerce, Community and
Economic Development to clean up existing language.
Page 6, line 5: Insert "or school" after an
individual. This amendment allows an individual to
complete instruction requirements at licensed school.
Page 6, lines 13-14: Inserts "The board may set by
regulation a period of apprenticeship of less than
2,000 hours for an applicant for a license to practice
non-chemical barbering." This change requires that
apprenticeship hours for a non-chemical barbering
license be less than a hairdressing license.
Page 7, lines 21-22: Inserts "non-chemical barbering"
in this section as it pertains to licensure and there
would now be two distinctive license types under the
practice of barbering.
Page 9, lines 23-24: Inserts "does not use chemicals
or", clarifies that those practicing without use of
chemicals are also exceptions under this section.
Page 10, line 4: Insert "manicuring", allows
manicurists to practice under the exemptions in AS
08.12.160(e) under certain conditions, i.e. providing
services to diabetic patients in a nursing home or
hospital.
Page 11, lines 22-23: Adds new subsections (17) and
(18) which allows the department to set fees for these
license types.
Page 13, lines 11-12: Inserts "non-chemical barbering"
to the definition of practitioner.
Page 13, lines 19-25: Page 13, lines 19-25: Amends the
definition of tattooing to read, "Tattooing" means the
process by which the skin is marked or colored to form
indelible marks, figures, or decorative designs for
nonmedical purposes by inserting or ingraining an
indelible pigment into or onto the skin, microblading,
or microneedling. [Definition previously read,
"tattooing and permanent cosmetic coloring" means the
process by which the skin is marked or colored by
insertion of nontoxic dyes or pigments into the dermal
layer of the skin so as to form indelible marks,
figures, or decorative designs for nonmedical
purposes.]
Page 13, line 31; Page 14, lines 1-5: Inserts new
definitions for "non-chemical barbering"
and "permanent cosmetic coloring".
3:37:28 PM
REPRESENTATIVE WOOL asked whether having regulatory authority
would enable the board to make decisions rather than the
legislature.
3:38:05 PM
SARAH CHAMBERS, Deputy Director, Division of Corporations,
Businesses, and Professional Licensing, Department of Commerce,
Community & Economic Development (DCCED), answered questions in
the hearing on SB 4. She answered that licensing boards have
varying degrees of governance authority and the Board has a lot
of detail in statute. She added that boards with very
prescriptive statutes have to come back to the legislature when
practices change. She stated that there is a lot of legislative
involvement in this and other boards when changes are needed.
REPRESENTATIVE WOOL commented it seems some decisions would be
better made at the board level.
REPRESENTATIVE SULLIVAN-LEONARD asked about the need to regulate
braiding.
3:40:28 PM
KEVIN MCKINLEY, Chair, Board of Barbers and Hairdressers,
answered questions in the hearing on SB 4. He said 35 hours [of
training] is what hairdressers are asking for. He said most of
that training is on health and safety.
REPRESENTATIVE SULLIVAN-LEONARD asked how many states regulate
hair braiding
MR. MCKINLEY answered there are 39 states regulate hair braiding
and require anywhere from zero to 2,100 hours of training. He
opined that 35 hours is in the threshold of not inhibiting
anyone from entering the field and maintaining health and safety
for the public.
REPRESENTATIVE SULLIVAN-LEONARD said it looks like 35 hours is
the right amount of time.
3:42:45 PM
CHAIR KITO removed his objection to adopting the CS.
3:43:00 PM
MR. MCKINLEY said the Board has put a lot of work into making
sure the bill works for the public. He said separating the two
licenses into tattooing and permanent cosmetic coloring helps to
put the microblading industry in with permanent cosmetic
coloring. He stated he thinks grandfathering in operating is
important. He said there had been a lot of input from the
public.
3:46:28 PM
REPRESENTATIVE WOOL asked for confirmation that currently there
is no license for braiding, so someone can open a shop and braid
without a license.
MR. MCKINLEY stated that would be practicing without a license.
He said the board had addressed the issue and decided it would
help to have more regulatory power. He underlined there is
unnecessary cost to putting the provision into statute.
REPRESENTATIVE KNOPP spoke to grandfathering. He asked whether
the board would implement continuing education for all members.
MR. MCKINLEY stated he was referring to separating the tattoo
and permanent cosmetic coloring and grandfathering those who
held licenses.
REPRESENTATIVE KNOPP asked whether is a component that would
ensure applicants are trained before they can be licensed.
MR. MCKINLEY answered that those seeking licensure would be
trained to receive the license.
3:51:29 PM
SENATOR MICCICHE clarified that the aim of the bill is to
eliminate excessive training requirements. He said 35 hours
seems like a more reasonable amount of training. He said he
appreciates the changes in the CS.
3:53:00 PM
CHAIR KITO opened public testimony on SB 4.
3:53:08 PM
JEREMY PRICE, Americans for Prosperity, testified in support of
SB 4. He said the trend across the country is to lower the
barriers for opening small businesses. He opined that the more
fees are raised, the harder it is for people to become licensed.
He suggested those hardest hit are immigrants and low-income
citizens.
3:55:15 PM
DR. GLORIA BAMBERG-MERRITT, Licensed Instructor; Owner, Plethora
of Designs, testified in support of SB 4. She stated her
support of 35 hours of training for braid technicians to include
braiding, sanitation, and sterilization. She added there has
been an increase of people braiding in their homes without a
license. She stated the proposed bill would allow these people
to "come out of the shadows and increase the workers in the
community. She said it would help low income people working
from their homes.
REPRESENTATIVE BIRCH asked whether 35 hours are sufficient
training.
MS. BAMBERG-MERRITT answered that she thinks 35 hours are
sufficient. She said she thinks the additional hours of
training involve adding hair to existing hair.
REPRESENTATIVE BIRCH asked whether the training hours regard a
safety issue.
MS. BAMBERG-MERRITT answered braiding is not harmful to the
hair. She added using the correct moisturizers is part of what
is covered in the 35 hours.
4:00:36 PM
WILLIE MAE CANADY testified in support of SB 4. She indicated
she is a member of the Board of Barbers and Hairdressers and
specified she is speaking on her own behalf. Ms. Canady shared
that her community is excited for the bill as many were not
aware that a license was required for braiding.
REPRESENTATIVE WOOL asked about the new requirements are for
non-chemical barbering.
4:03:54 PM
RACHEL HANKE, Staff, Senator Peter Micciche, Alaska State
Legislature, answered the requirement is not addressed in the
proposed bill.
SENATOR MICCICHE explained the hours required for licensing are
left to the board to establish. He said there is a long history
of hours associated with various license types.
REPRESENTATIVE WOOL asked whether a lapsed license in a shop
means no one there can work, even with an individual license.
SENATOR MICCICHE answered that today they would not be able to
practice without displaying a license.
4:06:13 PM
CHAIR KITO held over SB 4.