Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/02/2017 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB15 | |
| SB29 | |
| SB4 | |
| SB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 4 | TELECONFERENCED | |
| *+ | SB 51 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 15 | TELECONFERENCED | |
| += | SB 29 | TELECONFERENCED | |
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.