State Update - August 14

State Update - August 14

State Update Government

August 14, 2024

THIS WEEK IN THE STATES

The current week finds six state legislatures actively meeting.



In addition to detailing recent state legislative and regulatory activity, this week’s report reviews Florida and Kansas bills that were vetoed earlier this year by their respective governors. It also features at-a-glance information about 2024 state legislative elections.

THIS WEEK'S HEADLINES

  • Ohio Enacts the Cosmetology Licensure Compact
  • Massachusetts Senate Adopts Bill Requiring Domestic Violence and Sexual Assault Awareness Training
  • Voters in 44 States will be Electing 5,793 State Legislators in November

STATE LEGISLATIVE & REGULATORY UPDATES

Alabama

The Board of Nursing has promulgated emergency rules, effective June 21, 2024, that repeal and replace Alabama Massage Therapy Licensing Board Administrative Code. The regulations were necessary due to the passage of Alabama Act 2024-362, which made significant changes to Alabama’s massage therapy statute and temporarily provides that the Board of Nursing assume all duties and functions of the Alabama Massage Therapy Licensing Board until the establishment of the Office of Occupational and Professional Licensing on or before November 1, 2024. 


California

The Senate Appropriations Committee utilized Senate Rule 28.8 last week to send AB 2166 to the Senate floor. The rule allows the Chair to bypass a bill hearing when state costs are not significant. As previously reported, AB 2166 would 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.”


Massachusetts

The Senate Ways and Means Committee passed a substitute to S2477 late last month. The measure – now S2904 – would require cosmetology schools to teach at least one hour of domestic violence and sexual assault awareness. It would also require cosmetology schools and salons to post information about the National Human Trafficking Resource Center hotline.

 

S2904 was subsequently passed by the Senate without a recorded vote and is currently in the House Ways and Means Committee.



In a similar fashion, the House Ways and Means Committee amended H3045, which prohibits license revocation for a student loan default. The measure – now H4937 – includes an emergency preamble to make it effective upon enactment. H4937 was passed by the House without a recorded vote and is currently in the Senate Ways and Means Committee.


Ohio

Governor Mike DeWine (R) signed HB 158 law in late July. The measure designed to harmonize barber and cosmetology code following the consolidated of the professions under a combined Board in 2018, includes the Cosmetology Licensure Compact and language specifying that the Board must adopt rules specifying a passing score for the barbering examination that cannot exceed 75 percent. Currently, an individual must attain at least a 75 percent score on each part of the barber examination to be eligible for a barber license.


The Act – effective October 24, 2024 – provides for the creation of a single school license (instead of separate barber school licenses and school of cosmetology licenses) and allows a school to employ individuals who are not licensed barber instructors to teach subjects related to business and management at the school. Under current and continuing law, a school offering cosmetology instruction may employ an individual not licensed under the Cosmetology Act to teach these subjects. Other provisions of interest establish temporary pre-examination work permits for barbers; lower the age to apply for a barber license or to start barbering school to 16 years of age, eliminate a requirement that a barber student complete 200 additional hours of training before re-taking the licensing exam, and; prevent the board from charging interest or penalty fees for unpaid fines.


According to an official summary, an applicant must meet the following general requirements to be issued a school license, which are the current law requirements for a school of cosmetology license:

 

  • Maintain a course of training for the branch or branches of cosmetology or barbering to be taught at the school that is equal to the requirements under the law for an individual to be granted a license (similar to current law for barber school licenses);
  • Have sufficient equipment to teach all subjects in the curriculum (similar to current law for barber school licenses);
  • Notify the Board of each new student and keep records related to the student’s progress (similar to current law for barber school licenses);
  • Keep a record of attendance if the school offers clock hours (added by the bill for schools that teach barbering);
  • File a surety bond with the Board in the amount of $10,000 (similar to current law for barber school licenses);
  • Establish an internal procedure for processing complaints (added by the bill for schools that teach barbering).

2024 STATE BILL VETOES

Florida HB 133

Governor Ron DeSantis (R) vetoed the bill in June. The bipartisian measure, which received unanimous approval by the House and Senate, would have reduced the look back timeframe for using a criminal conviction as grounds for denying a barbering, or cosmetology, license from five years to three years. 


In his veto letter, Governor DeSantis said “CS/HB 133 singles out cosmetologist and barber applicants from a list of 14 types of business license applicants to change the licensing board's process of review of criminal records. The bill categorically prohibits the board from considering an applicant's criminal history within three years of the application for a license, but there may be good reason for the board to have this information before making a decision regarding a particular applicant.”


Kansas SB 434

Governor Laura Kelly (D) vetoed this sugaring deregulation bill in April. According to her veto message, “under the purview of the Kansas Board of Cosmetology, sugaring practitioners are required to adhere to the same health and safety standards as other cosmetologists and estheticians. They are subject to criminal background checks and training prior to the successful completion of exams to earn state licensure. Deregulating sugaring risks contamination, improper infection control, and potential safety issues involving minors. I am not willing to undermine the Kansas Board of Cosmetology’s expertise or threaten the long-term health and safety of Kansans who receive sugaring services.”


The Senate passed the bill in February with a bipartisan 38 to 1 vote. House passage a month later – 71 to 52 – was partisan.


SB 434 defines “sugaring” as “a method of temporary hair removal from the body by use of a paste made from sugar, lemon and water, or its equivalent, to pull hair from follicles.” It “may include the use of over-the-counter sugaring pastes or astringents, gels, powders, instruments used to spread or remove sugaring pastes, tweezers or scissors incidental to sugaring, but does not include the use of chemicals, electric needles or any type of wax.”

2024 STATE LEGISLATIVE ELECTIONS AT A GLANCE

  • Voters in 44 states will be electing 5,793 state legislators in November.
  • This represents 78 percent of the country’s 7,386 state legislative seats.
  • Republicans currently hold 54.89% of all state legislative seats nationally, while Democrats hold 44.27%.
  • Republicans currently control 56 legislative chambers and Democrats control 41 chambers.
  • Two chambers (Alaska House and Alaska Senate) are organized under multipartisan, power-sharing coalitions.
  • Control of the following legislative chambers will be closely contested in November: Alaska (House), Arizona (House and Senate), Michigan (House and Senate), New Hampshire (House), Pennsylvania (House), and Wisconsin (Assembly).  
  • As of August 7, 2024, 125 incumbents lost to primary challengers.
  • 179 state legislators – 77 state senators and 102 state representatives – are term-limited in 2024. 
  • The Nebraska State Senate and Montana House of Representatives have the highest percentage of term-limited legislators in 2024. In the Nebraska Senate, 52% of the incumbents up for election are term-limited, while 17% of the Montana House are term-limited.
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