Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/02/2017 01:30 PM LABOR & COMMERCE
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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.