State Update - September 25

State Update - September 25

State Update Government

September 25, 2024

THIS WEEK IN THE STATES

The first week of Fall finds state legislative activity limited to six states – California (in special session to address energy affordability), Michigan, New Hampshire (interim and study committee meetings), New Jersey, Ohio, and Pennsylvania. 


Discussions are currently taking place in Nebraska to discuss the feasibility of overturning a 30-year law, which awards electoral votes by congressional district, rather than statewide winner-take-all. According to a news report, Former President Donald Trump made a brief call to Republican legislators last week as they were meeting with Governor Jim Pillen (R) on the issue. Pillen has indicated that he will convene a special session before November’s election if there is sufficient support for a winner-take-all allocation of Nebraska’s electoral college votes.   

THIS WEEK'S HEADLINES

  • California Governor Signs Textured Hair Training Bill
  • NJ Committee Advances Bill to Streamline Requirements for Paid Services at a Cosmetic Retailer 
  • AFP Takes Credit for Iowa Hour Reductions
  • Campaign News from Alaska, Minnesota, North Carolina, and Utah 

STATE LEGISLATIVE & REGULATORY UPDATES

California 

Governor Gavin Newsom (D) signed AB 2166 into law Monday. The measure, which did not receive a dissenting vote in either legislative chamber, will require schools to provide chemical and hairstyling services training for “all hair types and textures, including, but not limited to, various curl or wave patterns, hair strand thicknesses, and volumes of hair.” It also contains language providing for written licensure examinations to determine “the applicant’s skill in, and knowledge of, providing services to individuals with varying hair types and textures, as applicable to the practice for which the applicant has applied for licensure.” The Act will become effective on January 1, 2025. 


On the regulatory front, the Office of Administrative Law (OAL) approved the Board of Barbering and Cosmetology’s SB 803 Clean Up regulation last month and filed the action with the Secretary of State. The regulatory action will become effective on October 1, 2024.


Missouri

The September 16, 2024, Missouri Register (see page 18 of the PDF) indicated that no comments were received on amendments to 20 CSR 2085-8.070 – Instructor Renewal and Inactive License Requirements – published in the Register on June 3, 2024. Accordingly, the Board of Cosmetology and Barber Examiners regulation will become effective 30 days after publication in the Code of State Regulations.


Two comments were submitted regarding amendments to 20 CSR 2085-12.010 – General Rules and Application Requirements for All Schools. A representative from the Missouri Association of Cosmetology Schools “expressed concern based on changing regulatory framework from the federal level which may impact the financing of students attending state programs. He further suggests, if moving forward with this rule, limiting distance learning to no more than ten percent (10%) of total number of hours needed to graduate. Limiting the number of distance learning hours will eliminate the potential for a school to suggest that up to fifty percent of the required hours to graduate be completed in distance learning.” 


The second comment was from a representative from The Paul Mitchell School Springfield, Missouri, who expressed “his excitement of implementing the new distance learning rule for his schools. He stated that ninety percent (90%) of all students who enroll in his schools have successfully completed some form of online/distance education in high school or college. His students ask constantly about the ability of The Paul Mitchell Schools having the opportunity to offer distance education.”


In response to the comments, the Board indicated that “no changes have been made to this rule.” Effective 30 days after publication in the Code of State Regulations, the rule will allow fifty percent (50%) of theory hours to be completed by virtual learning.


New Jersey

The Assembly Regulated Professions Committee reported A4331 earlier this month with Committee amendments. As previously reported, the bill would provide for licensed “cosmetic retail service establishments” as present law requires cosmetic retailers offering paid services to meet the same space requirements as a full-service salon. The committee amendments state that “the issuance of a limited cosmetic retail service license to a cosmetic retail service establishment shall not change the pre-existing use and occupancy classification of an establishment under the New Jersey Uniform Construction Code.”


Under the measure, a limited cosmetic retail service establishment would be allowed one chair for every 750 square feet of retail space. According to the sponsors, the beauty and cosmetics industry employs a large number of state residents and is critical to the success of New Jersey retail facilities, such as shopping malls and retail centers. “This bill will create new jobs for individuals 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.”


Virginia

The Boards for Barbers and Cosmetology recently posted a Guidance Document for non-traditional or online instruction with additional changes pertaining to the Board outlining practical and theory topics.


The Guidance Document however states that accredited schools and schools certified by SCHEV (State Council of Higher Education for Virginia) are exempt from adhering to this guidance document. “This exemption is due to the stringent requirements imposed by accrediting agencies and SCHEV, which supersede the need for adherence to the guidance document.”


A modified Guidance Document regarding implementation of 1,000-hour cosmetology curriculum was also posted online last week. The updated version states, “schools may choose to continue to teach a 1,500-hour curriculum, but must still submit a revised curriculum by September 1, 2024.”

IN THE NEWS...

Salon to Statehouse: The Fight for Fair Licensing  in Iowa - Americans for Prosperity


“In 2023, to become a licensed cosmetologist in Iowa, you were required to complete 2,100 training hours – 10x more than an emergency medical technician (EMT) and 3x more than a police officer.  


Jerry Akers and his daughter Sam Reges, both lifelong entrepreneurs, discovered the extent of licensing regulations after operating Great Clips salons across Iowa. The barrier to entry for cosmetology professionals made it hard for them to obtain a license and earn a living. Fortunately, Americans for Prosperity propelled landmark legislation that leveled the playing field for aspiring professionals in the industry…"


La. Board of Cosmetology accused of infringing on the right to trial by jury (kalb.com)


“A petition targeting the Louisiana State Board of Cosmetology (LSBC) argues the regulatory board infringed on the constitutional rights of cosmetologists who received fines through policy violations.


Representing four affected cosmetologists and a manicurist, the Pelican Institute, the Pacific Legal Foundation, and the Cao Law Firm jointly petitioned the LSBC, requesting a civil jury trial to address its accusations.


The petition argued the board’s issuance of regulatory violation fines and revocation of licenses through internal meetings deprived affected cosmetologists of their Seventh Amendment right. Instead, they claim, these incidents should have been heard in a courtroom, therefore barring them from judicial review…”

NEWS FROM THE CAMPAIGN TRAIL

Alaska - South Anchorage legislative race could determine control of Alaska House - Anchorage Daily News (adn.com)


Minnesota - Poll: Minnesota voters show puzzling split over DFL trifecta (minnpost.com)


North Carolina - Democrats seize on new Mark Robinson scandal to boost down-ballot prospects in N.C. (aol.com)



Utah - As lawmakers eye judicial reform, Gov. Cox says no to elected judges but is open to other ideas | News, Sports, Jobs - Daily Herald (heraldextra.com)

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