Legislature(2017 - 2018)BARNES 124

03/19/2018 03:15 PM House LABOR & COMMERCE

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03:21:42 PM Start
03:22:54 PM Confirmation Hearing(s):
03:27:14 PM SB4
04:06:16 PM HB403
04:10:44 PM HB379
04:49:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSHB 403(L&C) Out of Committee
-- Public Testimony --
<Bill Hearing Canceled>
-- Public Testimony --
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
Heard & Held
           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                                                                    
     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                                                                    
     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                                                                    
       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                                                               
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                                                               
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                                                               
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                                                               
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                                                               
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.                                                                                                      

Document Name Date/Time Subjects
SB004 Support Doc - Braiding Regs Report Packet Version 3.13.18.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Support Doc - DEC Letters 2.20.2018.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Support Letters 2.20.2018.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Support Doc - News Articles 2.20.2018.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 ver N.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Explanation of Changes ver. J to ver. U 2.20.2018.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Fiscal Note - DCCED-CBPL 3.9.18.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Fiscal Note - DEC-EH 2.2.18.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Sectional Analysis ver. U 2.20.2018.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Sponsor Statement 2.20.2018.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
SB004 Support Doc - Braiding Regs Full Report 3.13.18.pdf HL&C 3/19/2018 3:15:00 PM
SB 4
HB403 Sponsor Statement 3.13.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 403
HB403 version D.PDF HL&C 3/19/2018 3:15:00 PM
HB 403
HB403 version J.pdf HL&C 3/19/2018 3:15:00 PM
HB 403
HB157-403 Summary of Changes 3.13.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 157
HB403 Fiscal Note DCCED DOI 3.9.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 403
HB403 Sectional Analysis 3.13.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 403
HB 379 Supporting Document - PSVOA Letter 03.08.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 379
HB 379 Supporting Document - UFA Letter 03.08.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 379
HB 379 ver A 03.08.18.PDF HL&C 3/19/2018 3:15:00 PM
HB 379
HB 379 Fiscal Note DOLWD-FF 03.08.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 379
HB 379 Sponsor Statement 03.08.18.pdf HL&C 3/19/2018 3:15:00 PM
HB 379