New Key State Legislative and Regulatory Developments

There are 20 state legislatures in session this week as Alabama, Connecticut, Nevada, New Mexico, South Carolina and Texas adjourned their 2015 regular sessions this week or last.

Alabama’s legislature adjourned the 2015 regular session sine die (without another day) on June 4th without the Alabama House of Representatives voting to approve a bill – SB S09 – to provide state authorization for cosmetology schools.  A relatively contentious debate on the general budget dominated the final day of the legislative session and caused SB 209, and other bills, not to be considered.

Alabama budget woes may however provide another opportunity to advance state authorization legislation as the legislature will be reconvening this summer – most likely in August – for a special session.  The details of the special session are still to be determined as Governor Robert Bentley (R) wants legislators to get "their minds right" before coming back to Montgomery.

According to a document authored by the Secretary of the Senate, "special sessions of the Legislature may be called by the Governor, with the Proclamation listing the subjects which the Governor wishes considered. These sessions are limited to 12 legislative days within a 30 calendar day span. In a regular session, bills may be enacted on any subject.  In a special session, legislation must be enacted only on those subjects which the Governor announces in his proclamation or "call." Anything not in the "call" requires a two-thirds vote of each house to be enacted."

AACS is currently working with member schools in Alabama to outreach to legislators, as well as Governor Bentley and his staff.

On the final day of Alabama’s legislative session, the Senate voted 28 to 0 to send a bill establishing "Class 1" and "Class 2" barbers to Governor Bentley.

As previously reported, "Class 1" barbers – as defined below – would be exempt from Alabama Board of Cosmetology and Barbering licensure.

 

"CLASS 1 BARBER. A person who only does the following in his or her ordinary course of business: Arranges, cleans, cuts, or singes the hair of any person or massages, cleans, stimulates, exercises, or does similar work on the scalp, face, or neck of any person with the hands, or with mechanical or electrical apparatus or appliance, or by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. Any one or a combination of the following practices, when done upon the human body above the seventh cervical vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments, and when done for payment, directly or indirectly or without payment for the public generally: Shaving or trimming the beard or trimming the hair."

In Nevada, Governor Brian Sandoval (R) signed AB 126 in to law.  Effective October 1, 2015, the measure will allow the Nevada Board of Massage Therapy to select any "recognized examination for testing the education and professional competency of massage therapists that is approved by the Board."  It also provides nail technologists the ability to massage the hands, feet, forearms or lower legs within their permissible scope of practice.

Finally, two hair braiding regulation bills were enacted in to law.  In Maine, LD 847 was enacted in to law on June 2nd without Governor Paul LePage’s (R) signature.  Effective immediately upon enactment due to the inclusion of an "emergency clause," the bill permits natural hair braiding without a barbering or cosmetology license.

Similarly, Texas Governor Greg Abbott signed a bill to deregulate "natural hair braiding."  House Bill 2717, which went in to effect upon receiving the Governor’s signature on Monday, eliminates licensure requirements for individuals performing "only natural hair braiding, including braiding a person's hair, trimming hair extensions only as applicable to the braiding process, and attaching commercial hair by braiding and without the use of chemicals or adhesives."  The measure also requires the Department of Licensing and Regulation (TDLR) to issue a refund to a person holding a barber or cosmetology hair braiding certificate, hair braiding instructor license, or hair braiding specialty shop license immediately before the effective date of the bill.

A Texas Tribute article on the bill signing can be found here.

Links to all the bills mentioned in this report can be found in AACS’ Bill Tracking Portal.

Please do not hesitate to contact Brian Newman by email or by phone at 202-491-5254 with any comments or questions.