Legislature(2017 - 2018)ADAMS ROOM 519

04/11/2018 01:30 PM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Scheduled but Not Heard
Moved HCS SB 32(FIN) Out of Committee
-- Public Testimony --
Moved HCS CSSSSB 4(L&C) Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved CSHB 306(FIN) Out of Committee
Moved HB 384 Out of Committee
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4(FIN) am                                                                       
     "An  Act   relating  to  the   Board  of   Barbers  and                                                                    
     Hairdressers;   relating  to   a  limited   license  to                                                                    
     practice non-chemical barbering;  relating to a license                                                                    
     to practice  hair braiding; relating to  the Department                                                                    
     of  Environmental Conservation;  and  providing for  an                                                                    
     effective date."                                                                                                           
4:14:08 PM                                                                                                                    
RACHEL HANKE,  STAFF, SENATOR  PETER MICCICHE,  reviewed the                                                                    
bill.  She  reported that  the  bill  allowed the  board  to                                                                    
enforce  existing Department  of Environmental  Conservation                                                                    
(DEC)  regulations and  issue licenses  for hairdresser  and                                                                    
barber  shops.  The bill  also  created  a new  lower  level                                                                    
licenses  for braiding  and non-chemical  barbering allowing                                                                    
for less than 1,650 hours  of training which was the current                                                                    
SENATOR PETER  MICCICHE, SPONSOR, thanked the  committee for                                                                    
hearing the  bill. He explained  that the  bill accomplished                                                                    
five  things.  He maintained  that  the  bill was  important                                                                    
because the state had  overstressed and overregulated people                                                                    
in the barbers and hairdresser  industry. He listed the five                                                                    
goals  of  the legislation.  The  number  of hours  required                                                                    
under  the current  structure  was  costly and  non-chemical                                                                    
barbers  and  braiders  could not  afford  the  license.  He                                                                    
delineated that  students or practitioners were  required by                                                                    
statute  to conspicuously  display  their licenses,  however                                                                    
the shop owner was not.  The inequity led to employees being                                                                    
fined because the shop owner's  license had lapsed. The bill                                                                    
required the  shop owner to  conspicuously display  the shop                                                                    
license.  He noted  that DEC  was no  longer providing  shop                                                                    
certifications   due   to   budget  reductions.   The   bill                                                                    
authorized  a self-certification  process regulated  through                                                                    
the Board using DEC standards.  He repeated that SB4 created                                                                    
two new license types:  braiding and non-chemical barbering.                                                                    
He reported  that non-chemical barbering only  used scissors                                                                    
and clippers and their training  hours would be dramatically                                                                    
reduced.  The braiding  license  would require  35 hours  of                                                                    
training.  Additionally,   SB  4  separated   tattooing  and                                                                    
permanent cosmetic coloring into two separate licenses.                                                                         
4:18:49 PM                                                                                                                    
Vice-Chair Gara OPENED public testimony.                                                                                        
4:20:01 PM                                                                                                                    
DARAE  CREWS,   DARAE'S  SALON   and  SPA,   ANCHORAGE  (via                                                                    
teleconference), spoke in support of  the bill. She read the                                                                    
testimony on  behalf of two  practitioners of  who performed                                                                    
permanent  coloring or  microblading. The  practitioners had                                                                    
many hours  of education  and experience.  The practitioners                                                                    
indicated  that microblading  was  not permanent  and not  a                                                                    
tattoo. They  elucidated that  the ink  was inserted  in the                                                                    
basil  layer  of the  skin  versus  the dermal  layer.  They                                                                    
explained   the   instruments   and  techniques   used   for                                                                    
sanitation  and  patient  safety  that  included  a  patient                                                                    
intake.  They  shared their  personal  stories  of how  they                                                                    
became interested in the profession  and where they received                                                                    
their  training. Ms.  Crews explained  that both  testifiers                                                                    
travelled  to Texas  to attend  a  school for  microblading.                                                                    
They  returned  to  Alaska,  opened  a  shop  and  practiced                                                                    
microblading.  A   state  investigator  forced   the  shop's                                                                    
closure  declaring the  practice illegal.  She claimed  that                                                                    
the practitioners had never found  any statute or regulation                                                                    
for  microblading and  believed they  were operating  within                                                                    
the law. She  asked for help on behalf  of the practitioners                                                                    
and supported the legislation.                                                                                                  
4:29:12 PM                                                                                                                    
Ms. Crews believed people who  had been legally trained with                                                                    
many  hours of  experience  should not  have any  additional                                                                    
educational requirements for licensure.                                                                                         
Representative  Wilson   asked  Ms.  Crews  to   submit  the                                                                    
testimony electronically. Ms. Crews agreed.                                                                                     
4:31:12 PM                                                                                                                    
JEREMY  PRICE,  STATE  DIRECTOR, AMERICANS  FOR  PROSPERITY,                                                                    
thanked  the committee  for hearing  the bill  and spoke  in                                                                    
support.   He  believed   that   the   bill  provided   more                                                                    
opportunities  for small  business  owners.  He shared  that                                                                    
many Alaskans  were experiencing  economic hardship  and the                                                                    
bill  went a  long way  to give  Alaskans an  opportunity to                                                                    
operate a small business a support themselves financially.                                                                      
4:32:29 PM                                                                                                                    
GLORIA     BAMBERG-MERRITT,     SELF,     ANCHORAGE     (via                                                                    
teleconference),  testified  in  support of  the  bill.  She                                                                    
stated  that  she  was  a  licensed  "hair  instructor"  and                                                                    
aesthetician  for 29  years and  owned  Plethora Designs  in                                                                    
Anchorage.  She  spoke  to   the  provisions  regarding  the                                                                    
braiding licensure and agreed with  the 35 hours of training                                                                    
and stated that the need  for licensure was to ensure health                                                                    
and   safety.    She   believed   the    licensure   allowed                                                                    
practitioners to operate  legally, strengthened the economy,                                                                    
increased  small  business  opportunities, and  allowed  low                                                                    
income individuals  financial opportunities. The  bill would                                                                    
benefit the  state by collecting  license fees.  She planned                                                                    
to send in testimony regarding micro-braiding.                                                                                  
Vice-Chair Gara CLOSED public testimony.                                                                                        
Representative  Wilson wondered  whether the  bill addressed                                                                    
the microblading  issue. Senator Micciche replied  there was                                                                    
clearly  a  misunderstanding.  He   explained  that  at  the                                                                    
request  of  the  board  chair,   the  bill  merely  defined                                                                    
tattooing  and  permanent  cosmetic  coloring  and  did  not                                                                    
relate to licensing requirements at  all. He stated that the                                                                    
bill did not address the  caller's issues and did not change                                                                    
any current  requirements. Senator Micciche deferred  to Mr.                                                                    
McKinley  for further  answers. Senator  Micciche reiterated                                                                    
that  the   bill  was   about  reducing   requirements,  not                                                                    
increasing them.                                                                                                                
Representative Kawasaki  referred to Section 29  of the bill                                                                    
regarding  tattooing and  microblading. He  wondered whether                                                                    
the bill's language  was a more specific  description of the                                                                    
4:38:33 PM                                                                                                                    
KEVIN  MCKINLEY,  CHAIR,  BOARD OF  HAIRDRESSERS,  FAIRBANKS                                                                    
(via teleconference), answered  that the definitions removed                                                                    
ambiguity   and    was   more   inclusive,    defined,   and                                                                    
standardized.  He  explained  that  the  new  definition  of                                                                    
tattooing did  not specify  what layers  of skin  the needle                                                                    
was inserted into. Representative  Kawasaki asked if the new                                                                    
definition was  broader than  current statute.  Mr. McKinley                                                                    
answered in  the affirmative. Representative  Kawasaki asked                                                                    
Mr. McKinley  if he heard  the testimony from Ms.  Crews and                                                                    
requested  that  he  address  the  testimony.  Mr.  McKinley                                                                    
answered in  the affirmative. He  explained that  the claims                                                                    
that micro-braiding  only inserted  into a certain  layer in                                                                    
the skin  was debatable and  questioned in the  industry. He                                                                    
stated that trade  associations classified micro-braiding as                                                                    
a form of tattooing.                                                                                                            
Vice-Chair Gara asked to hear from the department.                                                                              
4:43:08 PM                                                                                                                    
SARA  CHAMBERS, DEPUTY  DIRECTOR, DIVISION  OF CORPORATIONS,                                                                    
BUSINESS   AND   PROFESSIONAL   LICENSING,   DEPARTMENT   OF                                                                    
COMMERCE, COMMUNITY AND  ECONOMIC DEVELOPMENT, answered that                                                                    
the bill  broke the  licensing requirements into  sectors of                                                                    
the industry  who were  not performing  permanent tattooing,                                                                    
which would include micro-braiding  and lowered the training                                                                    
requirements. She  expounded that the board  believed micro-                                                                    
blading  to be  a form  of tattooing  according to  national                                                                    
standards. However,  the board  believed that a  full tattoo                                                                    
license  was  too  high  of   a  bar  for  practitioners  of                                                                    
microblading. The bill allowed  people to legally microbraid                                                                    
in  their   existing  shop,  perhaps  with   their  existing                                                                    
education  under the  permanent  cosmetic coloring  license.                                                                    
She clarified that the board  did not want to act punitively                                                                    
on behalf of those legitimately practicing microblading.                                                                        
4:44:48 PM                                                                                                                    
AT EASE                                                                                                                         
4:46:05 PM                                                                                                                    
Representative  Kawasaki asked  how the  35-hour requirement                                                                    
for hair  braiding was  conceived. Senator  Micciche replied                                                                    
that he compared  the state rankings around  the country and                                                                    
discovered  that   the  middle  of  the   road  ranking  was                                                                    
approximately  35 hours.  He also  spoke with  professionals                                                                    
and  solicited professional  opinions  regarding the  health                                                                    
and  safety   aspects.  He  believed  the   requirement  was                                                                    
adequate.  Representative Kawasaki  wondered whether  it was                                                                    
necessary to  license hair braiders at  all. He acknowledged                                                                    
licensure was  a policy call.  Senator Micciche  answered in                                                                    
the  affirmative.  He  stated that  braiders  were  handling                                                                    
people's hair  and health and  safety issues were  a concern                                                                    
and thought  35 hours  was minimal.  Representative Kawasaki                                                                    
referenced the  elimination of shop  inspections by  DEC. He                                                                    
asked who would be investigating shop owners.                                                                                   
Ms. Chambers  answered that DEC currently  oversaw tattooing                                                                    
inspections  and had  overseen hair  salons. She  elucidated                                                                    
that DCCED  investigators would perform  the work  in tandem                                                                    
with DEC  and leave the door  open for DEC to  take over the                                                                    
inspections if funding improved.                                                                                                
4:50:45 PM                                                                                                                    
Vice-Chair  Gara  reviewed   the  two  previously  published                                                                    
fiscal notes.                                                                                                                   
Vice-Chair Gara  MOVED to  REPORT HCS  CSSSSB 4(L&C)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
HCS CSSSSB 4(L&C)  was REPORTED out of committee  with a "do                                                                    
pass" recommendation and with  one previously published zero                                                                    
fiscal note: FN3 (DEC); and  one previously published fiscal                                                                    
impact note: FN5 (CED).                                                                                                         

Document Name Date/Time Subjects
HB 339 Support.pdf HFIN 4/11/2018 1:30:00 PM
HB 339
SB032 Opposing Document-Opposition Letters 04.17.17.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
SB032 Sectional Analysis ver J 04.17.17.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
SB032 Sponsor Statement 04.17.17.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
SB032 Supporting Documents-Support Letters 04.17.17.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
SB32_Support_050317.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
SB4 Explanation of Changes ver. J to ver. N 4.2.3018.pdf HFIN 4/11/2018 1:30:00 PM
SB 4
SB4 Sectional Analysis ver. N 4.2.2018.pdf HFIN 4/11/2018 1:30:00 PM
SB 4
SB4 Sponsor Statement ver. N 4.2.2018.pdf HFIN 4/11/2018 1:30:00 PM
SB 4
SB4 Support Letters 4.2.2018.pdf HFIN 4/11/2018 1:30:00 PM
SB 4
SB4 Support Doc - News Articles 4.2.2018.pdf HFIN 4/11/2018 1:30:00 PM
SB 4
SB4 Support Doc - Braiding Regs Report Packet Version 4.2.2018.pdf HFIN 4/11/2018 1:30:00 PM
SB 4
SB4 Support Doc - DEC Letters 4.2.2018.pdf HFIN 4/11/2018 1:30:00 PM
SB 4
Board of Pharmacy BOP 3-22-18 SB32 Support Letter.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
HB 386 Opposition.PDF HFIN 4/11/2018 1:30:00 PM
HB 386
Alaska AMCP letter SB 32.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
HB384 2018-03-29 ATA Comments in Opposition to .pdf HFIN 4/11/2018 1:30:00 PM
HB 384
HB 384 Letter of Opposition - House Finance.pdf HFIN 4/11/2018 1:30:00 PM
HB 384
HB 385 - Sectional Analysis - 4.10.2018.pdf HFIN 4/11/2018 1:30:00 PM
HB 385
SB 32 Alaska Biosimilars one-pager.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
SB 32 Alaska UNITED Support doc_4.11.18.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
SB 32 Biologicals list under 505 pathway.pdf HFIN 4/11/2018 1:30:00 PM
SB 32
HB 306 CS WORKDRAFT v J.pdf HFIN 4/11/2018 1:30:00 PM
HB 306