State Update - December 17

State Update - December 17

State Update Government

December 18, 2024

THIS WEEK IN THE STATES

The week before Christmas finds only five state legislatures – including Michigan – actively meeting. Michigan’s legislature is expected to conclude its lame duck legislative session this week. According to a published report, “Republicans will be taking the gavel with a 58-52 majority come January, so Democrats had more than a month after the November election to strategize how to push their final efforts across the finish line.


But a 56-54 majority for Democrats in the state House failed to guarantee a path forward for several pieces of legislation last week after House Republicans walked out of the chamber around noon [last] Friday demanding action on Michigan’s minimum wage laws and earned sick leave.”


Happy Holidays!

ILLINOIS TASK FORCE RECOMMENDS LICENSURE REFORMS

Illinois’ Comprehensive License Information to Minimize Barriers (CLIMB) Task Force released a report last month after a year-long investigation into Illinois’ occupational licensing laws. It made the following recommendations of interest:

 

  • Illinois should allow those seeking a license for an occupation to be paid during their training;
  • Illinois should eliminate or very narrowly restrict which categories of prior convictions can be considered as grounds for denial of a license;


  • Illinois should require only the amount of training that is demonstrably necessary to protect the health and safety of people in Illinois;


“Extra training requirements create barriers for aspiring workers. For example, cosmetology is an occupation the task force has investigated. An IJ study released last year catalogs the financial burdens that Illinois cosmetologists must take on to comply with state licensing requirements. The average cost to attend beauty school in Illinois is $17,658, among the highest in the nation. Students borrow an average of $7,705 in federal student loans to attend school, but fewer than one-third graduate on time and only a little over half graduate within two years. For those who graduate and become licensed cosmetologists, the median annual wage is low: $27,040.


Illinois can start by contacting states with the lowest number of training days for each occupation and learn if health and safety problems have resulted. If lower training requirements work in other states, Illinois should lower the burdens on applicants accordingly.”


  • Shift from licensing to registration or certification for cosmetologists;


"The current licensure framework imposes significant costs, delays, and other barriers to entry into this profession. Simplifying this to a registration or certification process would maintain public safety standards while making it easier for individuals to enter the profession.”


  • Eliminate hair braider licenses.


According to a press release, “the [2022] bill creating the CLIMB Task Force, HB5575, was a joint effort between the Institute for Justice Clinic on Entrepreneurship (IJ Clinic) and the Small Business Advocacy Council (SBAC), and passed the Illinois House & Senate with wide bipartisan support.” The Task Force comprised of advocates, academics and administrators and was led by Representative Carol Ammons (D, IL-103) and Senator Christopher Belt (D, IL-57) as Chair and Vice Chair.  

STATE LEGISLATIVE LEADERSHIP NEWS

Texas House Speaker Dade Phelan (R) recently announced that he would not lead the chamber in 2025. “By stepping aside, I believe we create the best opportunity for our members to rally around a new candidate who will uphold the principles that make our House one of the most exceptional, deliberative legislative bodies in the country—a place where honor, integrity, and the right of every member to vote their district takes utmost precedent.”


Texas State Representatives David Cook (R – Mansfield) and Dustin Burrows (R – Lubbock) each believe they have the votes to be the House’s next speaker. According to The Hill, “the fight comes as part of a years-long battle between the state’s old Republican establishment and an ascendant far-right ‘reformer’ movement backed by Texas’s leading executives — as well as national Republicans like Donald Trump Jr., the son of President-elect Trump.”


Trump, Jr., along with Governor Greg Abbott (R) and Lt. Governor Dan Patrick (R), support the GOP Caucus nominee, David Cook. Burrows, however, claims that a bipartisian coalition will provide him with the necessary votes in January.


West Virginia Senate Republicans have chosen Sen. Randy Smith (R) as their next Senate President, who also serves as the state’s Lieutenant Governor. Smith succeeds Senator Craig Blair (R), who lost his Republican primary this year.


Vermont House Democrats have re-elected Speaker Jill Krowinski (D) over an independent challenger.

STATE LEGISLATIVE UPDATES

Michigan

The House and Senate passed companion bills last week that would allow

licensed schools to operate an offsite “secondary school facility” to teach cosmetology in a classroom setting if specified requirements are met. The House passed HB 5403 unanimously and the Senate voted 34 to 2 to pass SB 703. Both bills have been crossed to the opposite legislative chamber for a necessary final passage vote.


The House voted 105 to 3 last week to pass a bill that would reduce the required course of instruction at a licensed barber college or as a barber apprentice from not less than 1,800 hours to not less than 1,500 hours. HB 5786 has been transmitted to the Senate.


Finally, Governor Grechen Whitmer (D) signed HB 5683 and HB 5684 into law on December 3rd. As previously reported, HB 5684 would allow cosmetologists and estheticians to perform: exfoliation (limited to the stratum corneum) using a product, chemical, mechanical device, electrical service, or class 1 medical device; dermaplaning or microdermabrasion; high-frequency treatments with documented training; eyebrow and eyelash services, facial cupping, and; non-medical grade hydodermabrasion with proper training. HB 5683 is a tie-barred bill that would amend the Public Health Code to prohibit a licensee, registrant, or other individual from performing a medical exfoliation procedure - below the stratum corneum by dermaplaning or microdermabrasion – unless the procedure was performed under the supervision of a licensed physician.


The bills will become effective 90 days after the adjournment of the legislature (mid to late March 2025).


New Jersey

The Senate Budget and Appropriations Committee unanimously reported a committee substitute to S2245 last week. As introduced, the measure would permit a cosmetology and hairstyling student with at least 60 hours of course instruction in cosmetology and hairstyling to receive a student permit to shampoo hair. The committee substitute would also allow other individuals to shampoo and rinse hair after completing 60 hours of training at a licensed school or at a licensed shop “for a reasonable fee.” The bill is currently eligible for consideration on the Senate floor.  

 

The Senate Commerce Committee favorably reported S3227 last week with amendments. The bill would establish “limited cosmetic retail service licenses” to allow licensed estheticians to perform specified services in a retail environment. “At present, a cosmetics retailer is prohibited from offering any paid services unless it separates from the floor space of a retail facility at least 350 square feet of space for two customer chairs and an additional 50 square feet of space for each additional chair. These are the same requirements for full service salons. Under the bill, a cosmetic retail service establishment will be allowed to consider the entire square footage of the store for the purpose of licensure and will be allowed one chair for every 750 square feet of retail space.”



According to the official Committee statement, “the beauty and cosmetics industry employs a large number of New Jersey residents and is critical to the success of retail facilities within the State, such as shopping malls and retail centers. This bill will create new jobs for persons already licensed as skincare specialists, allow those graduating from an approved cosmetology school to have more options for employment, and grow the retail-based economy of New Jersey.” S3227 was subsequently referred to the Senate Budget and Appropriations Committee.

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PREFILLED 2025 BILLS

Alabama HB 70 – The bill would establish an esthetics/makeup artist license that requires licensed estheticians to receive at least 500 hours of additional “skin care fundamentals instruction.”

 

Missouri HB 52 – The measure would allow State Board of Cosmetology and Barber Examiners licensed cosmetology practitioners to register for a personal service registration to provide services to clients who are ill, disabled, or otherwise unable to travel to a cosmetology establishment.



Missouri HB 86/SB 445 – The bill would establish a combined esthetics and manicuring license that requires a 1,150-hour course of instruction at a school or a 2,300-hour apprenticeship.


Nevada BDR 835 (text not available) – Enacts the Cosmetology Licensure Compact.


Virginia HB 889 – The bill would levy sales and use taxes on a variety of services, including “nonmedical personal services or counseling, including (i) hair care, nail care, skin care, cosmetology, beauty, tanning, exercise, nutrition, weight control, sensory stimulation, or relaxation services or counseling and (ii) piercing, tattooing, exfoliation, implants, and other cosmetic body modifications.”

 

Washington HB 1023 – Enacts the Cosmetology Licensure Compact.

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