Legislature(2017 - 2018)ADAMS ROOM 519
04/11/2018 01:30 PM FINANCE
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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 requirement. 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 practices. 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 RECONVENED 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).