Legislature(2017 - 2018)SENATE FINANCE 532
04/17/2017 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB37 | |
| HB56 | |
| SB4 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 37 | TELECONFERENCED | |
| += | HB 56 | TELECONFERENCED | |
| += | SB 4 | TELECONFERENCED | |
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 |