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State Update – June 4

State Update – June 4

THIS WEEK IN THE STATES
The first week of the June finds only 14 state legislatures actively meeting. Recent and upcoming legislative adjournments include Louisiana on June 3 and New York on June 6. 

Another four states – Arizona, Delaware, New Hampshire and Rhode Island – will be adjourning their respective 2024 legislative sessions at the end of the month.
THIS WEEK’S HEADLINES
Louisiana Senate Tables 1,000 Hour Bill
Cosmetology Licensure Compact to Soon Reach Seven-State Implementation Threshold
Virginia Publishes Final Regulations to Reduce Cosmetology to 1,000 Hours
STATE LEGISLATIVE UPDATES
Colorado
A Cosmetology Licensure Compact bill – HB 24-1111 – has been transmitted to Governor Jared Polis (D) for signature into law. Once signed into law, as expected, the Compact will meet the seven-state threshold necessary for implementation. 

Last week, Governor Polis signed HB 24-1333 into law. The measure extends the state’s private occupational school Act through September 1, 2035, and requires the Private Occupational School Board to grant prior approval for a change of ownership.
 
Illinois
HB 5135 received final legislative approval with a 57 to 1 Senate vote prior to Memorial Day. As previously reported, the measure would require massage therapists and individuals subject to Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board licensure to complete a course in abnormal skin growth education, including training on identifying melanoma.


Louisiana
After an hour and fifteen-minute hearing, the Senate Commerce, Consumer Protection and International Affairs Committee voted on May 22nd to defer consideration of HB 930. The bill did not further advance prior to the legislature adjourning for the year on June 3, 2024.

As introduced, the bill sponsored by State Representative Lauren Ventrella (R) would have reduced the course of instruction needed for cosmetology licensure from not less than 1,500 hours to not less than 1,000 hours.

HB 930 was however amended on the House floor to preserve the state’s 1,500-hour cosmetology license and instead establish a hair design license that will require not less than 1,000-hours of instruction. Hair designis defined in the bill to include “the practice of arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, mustache and beard design, and superficial skin stimulation of the scalp.”

Representative Ventrella called the amendment “a very good change to this legislation” and indicated that she worked with the Executive Director of the National Interstate Council of State Boards of Cosmetology on it. 

The House subsequently voted 60 to 38 to pass the amended bill.

During the Senate Commerce Committee hearing, Rep. Ventrella, a SportClips franchisee, a Pennsylvania trained SportsClips manager, and the owner of Compass Career College testified in favor of the bill. The Future of the Beauty Industry Coalition also indicated support but did not testify.

Opponent testimony was offered by three salon owners and representatives from Avery James College, Paul Mitchell Schools, and Aveda Arts & Sciences Institutes. 

Representatives from the Board of Cosmetology provided informational testimony.   

An achieved video of the hearing can be found here.   

Louisiana Governor Jeff Landry (R) recently signed HB 301 and HB 814 into law. As previously reported, HB 301 would allow a person who has earned the equivalent of a high school diploma from a nonpublic school not seeking state approval to be eligible for cosmetologist, esthetician, or manicurist license. HB 814 would lower the minimum age for barber college admission from 17 to 16 years of age. It also contains language allowing younger high school students to enroll “in an approved barber college that operates within a state high school.” The effective date of both measures is August 1, 2024.

Massachusetts
The Joint Committee on Consumer Protection and Professional Licensure recently reported a “Study Order” bill for H3866 and H376.

H4680 states that the committee on Consumer Protection and Professional Licensure is  “authorized to sit during a recess of the General Court to make an investigation and study” of H3866, H376 and approximately 50 other bills. “Said committee shall report to the General Court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect, by filing the same with the Clerk of the House of Representatives on or before December 31, 2024. 

H3866 would update language pertaining to the Board of Registration of Cosmetology and Barbering’s composition and appointment process. H376 would establish a 15-member Manicurist Industry Minimum Standards Advisory Board to make recommendations “regarding establishing industry-wide minimum standards on wages, benefits, working hours, training, and working conditions affecting the health, safety, and employment of workers in nail salons.”

Ohio
The Senate voted unanimously last month to pass a “clean” Cosmetology Licensure Compact bill. SB 89 has been transmitted to the House and referred to the chamber’s Commerce and Labor Committee. 

Oklahoma
A conference committee recently reconciled House and Senate differences to a bill to extend the sunset date for the State Board of Cosmetology by changing the sunset date from July 1, 2027, to July 1, 2026. The Senate subsequently voted 41 to 2 to pass SB 1233, as amended by the Conference Committee Report.

The Conference Committee Report was, however, not adopted by the House before the legislature adjourned sine die last Thursday. AACS is researching potential impact(s) on schools and licenses and will provide further updates as necessary. 

Tennessee
The Volunteer State become the sixth state to adopt the Cosmetology Licensure Compact with Governor Bill Lee (R) signing SB 2732 into law last week. The Compact will become active after seven states enact it into law.
UPCOMING LEGISLATIVE HEARINGS
July 1, 2024, at 10 a.m. – California Senate Business, Professions and Economic Development Committee Hearing on AB 1328
AB 1328 is a bill to enter the Cosmetology Licensure Compact.
STATE REGULATORY UPDATE
Virginia
The June 3, 2024, Register of Regulations published a final rule to reduce the minimum course of instruction for cosmetology from 1,500 hours to 1,000 hours. In addition to the cosmetology hour reduction, the amendments “add topics and performances required to align the regulation with the cosmetology scope of practice in the Code of Virginia, assigning hour minimums to each topic listed in the curriculum. Changes since proposed include (i) correcting typographical errors, (ii) correcting miscalculations regarding the number of required performances of sculptured nails, and (iii) clarifying and streamlining language to bring the regulation in line with the statutory scope of practice for cosmetology and the reduced minimum hours requirement.”

The final text can be found here. The regulation is currently in a 30-day final adoption period by which schools and other parties can comment on the changes. The regulation will become effective on September 1, 2024, unless the Governor or legislature intervenes, or the Board for Barbers and Cosmetology suspends the regulatory process.  
QUESTIONS?
Please visit the AACS Bill Tracking Portal for bill text and current status. You may also contact StateGR@beautyschools.org with comments or questions.

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