Federal Updates
As we close out an otherwise difficult and challenging year, we have good news to share with you: last night the U.S. Congress passed a new stimulus package and recognized our students by including $908 million in newly available emergency student grant aid for students attending institutions like cosmetology schools. School allocations of that funding are to be made available to schools within 30 days. We are extremely pleased that Congress acted in a bipartisan manner to support out students at this difficult time.
You spoke through several channels including our #Don’tCutUsOut campaign and our federal lawmakers listened. We appreciate all of you and your efforts. We were able to effectively vocalize the needs of our students across the nation through your phone2action activity, your grassroots activity, phone calls, videos, social media posts, emails, and letters to members of congress. AACS member schools generated almost 3,000 messages to Congress this year and most of those were specific to the impact of COVID-19 on our schools and this stimulus package.
The stimulus package contains other changes of significance including:
On behalf of everyone represented by AACS, thank you for your investment in doing what is right for our students! We wish you a happy, safe and successful new year!
For more information on the legislative text and summaries, please click on the following links:
The AACS Government Relations Committee and its federal advocacy team at Duane Morris LLP represents the interests of AACS members in Congress. The GRC, through the Duane Morris team, provides a bi-weekly Washington Update to AACS membership that provides the most relevant information about what is happening in Congress and at the Department that may impact your school. We encourage all AACS members to read the Washington Update to keep up to date on developments and calls to action. We urge each and every AACS member school to set up a call with the Senators and House members who represent your school locations, and consider hosting a fundraiser. We will make it easy for you. Just call our lead advocate, Katherine Brodie at Duane Morris LLP in Washington, D.C. to learn how you can get more involved and help make a difference to your school, employees and students. Katherine can be reached at: kdbrodie@duanemorris.com or (202) 776-5241.
State Update
Michigan and Ohio Legislatures Race Towards Adjournment
The week before Christmas finds five state legislatures actively meeting. Bills of interest to AACS members may be considered in Michigan and Ohio before their 2020 legislative sessions adjourn sine die this week.
Pending bills include:
Michigan SB 691 – This barbering apprenticeship bill would establish an 1,800-hour barbering apprenticeship, which is the same as the course of study at a barber college/school. The measure also includes language specifying that “the owner of a barbershop that conducts an apprenticeship program shall not charge a fee for the teaching of barber services to apprentices on the premises. The owner of a barbershop where 1 apprentice has been successfully trained may allow the training of additional apprentices at the establishment, except that not more than 2 apprentices may be trained at the same time.”
Ohio HB 263 - According to an official summary, HB 263 “generally prohibits any state licensing authority from refusing to issue an initial license to an individual based solely on being charged with or convicted of a criminal offense or a nonspecific qualification such as ‘moral turpitude’ or lack of ‘moral character.’ The bill does however permit a state licensing authority to refuse licensure if the offense is directly related to the duties and responsibilities of the licensed occupation.
Within 180 days of the bill’s effective date, a state licensing authority is required: (1) to adopt a list of specific criminal offenses for which a conviction, judicial finding of guilt, or guilty plea may disqualify an individual from obtaining licensure, (2) to establish an administrative hearing process for an applicant who is denied an initial license because of a specific disqualifying offense, and (3) to adopt any related necessary rules. The look-back period for a disqualifying offense that is not an offense of violence or a sexually oriented offense generally is limited to five years. If the disqualifying offense involved a breach of fiduciary duty, the look-back period is ten years.”
Ohio HB 673 – This COVID-19 relief bill that would establish a temporary pre-examination work permit for individuals waiting to take the state’s barbering licensure exam. Ohio law currently allows an individual issued a temporary pre-examination work permit to “practice the branch of cosmetology for which the individual seeks a practicing license until the date the individual is scheduled to take an examination.” HB 673 would also define “limited events” to include an on-location wedding or event and allow an individual who is licensed to provide cosmetology and barbering services to provide services at such events “without an additional license or permit” if the services provided are incidental to their practice in a salon or barber shop.
Earlier this month, Michigan’s Senate voted unanimously to send HB 4488 to Governor Gretchen Whitmer (D). As enrolled, the measure provides that a licensing board or agency may only consider civil judgments as evidence of the applicants lack of good moral character if more than one judgment has been entered. It also limits when a licensing board or agency may consider an applicants’ criminal conviction in the determination of his or her good moral character to a felony that:
(a) The licensing board or agency concludes that the specific offense for which the individual was convicted has a direct and specific relationship to the activities authorized by the occupational or professional license.
(b) The specific offense for which the individual was convicted involves a demonstrable risk to the public safety.
(c) The individual, based on the nature of the offense for which he or she was convicted and on any additional information provided by the licensee under subsection (4), is more likely to commit a subsequent offense because he or she has the occupational or professional license than if he or she does not have the occupational or professional license.
(d) A subsequent offense committed with the aid of the occupational or professional license will cause greater harm to the public than it would if the individual did not have the occupational or professional license.
Michigan Senate Bill 293 also received final legislative approval last week. This measure would require the state’s Department of Licensing and Regulatory Affairs (LARA) to annually report to the legislature the number of occupational licenses that were denied because of an applicant’s lack of good moral character.
The text of the bills listed in this report can be found in AACS’ Bill Tracking Portal.
On the regulatory front, final Arizona’s Board of Cosmetology Rules were published in the Arizona Administrative Register (see page 5 of the PDF) last week and will become effective on January 31, 2021. Most significantly, the rules will allow schools licensed by the Board to teach theory hours via “virtual learning,” which “means the use of technology to teach students who may or may not be physically present in a classroom.” The rulemaking also adds amendments to address recent statutory changes dealing with training by apprenticeship (See Laws 2019, Chapter 109) and licensure by universal recognition (See Laws 2019, Chapter 55).
In 2021, state legislatures will be meeting in all 50 states. Please click here to view 2021 legislative session dates and information. Additionally, please note that AACS’ State Relations Update will resume a weekly publishing schedule beginning the week of January 4, 2021 until Memorial Day 2021 to make sure you are informed of the latest state legislative and regulatory developments of interest or concern.
Happy holidays and best wishes for a healthy and prosperous 2021! Please do not hesitate to contact Brian Newman at bnewman@abingdonstrategies.com or by phone at 202-491-5254 with comments or questions.
COVID-19 Resources
This page contains a running list of state reopening guidance for salons and other personal care businesses.
AACS Coronavirus Resource Center
The bottom of this page contains a running list of state distance learning guidance. It was compiled with assistance from the AACS State Relations Committee and/or a review of state board websites. Accordingly, developments may be occurring faster than our ability to capture/report on them. Please contact your state regulator(s) for the most current information.
State and Local Government Responses to Covid-19
Stateside Associates, a state and local government relations firm, has created a chart with state legislative actions, executive agency actions, gubernatorial actions, and local government actions related to the outbreak of the coronavirus. Executive actions closing retail and “non-essential” businesses will be of interest.
PBA/Stateside Associates Report: Reopening of State and Local Economies
Updated December 18, 2020
National Governors Association Coronavirus Updates
COVID-19 State Legislation – National Conference of State Legislatures