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.