State Update - November 20

November 20, 2024

THIS WEEK IN THE STATES

The week before Thanksgiving finds five state legislatures actively meeting, including Louisiana’s legislature meeting in a 20-day special session to address Governor Jeff Landry’s (R) proposed tax reforms that would lower personal and business income taxes in exchange for more sales taxes and fewer tax credits.

A centerpiece of Governor Landry’s tax reforms is HB 9, which would expand the state sales tax to more than 40 services, including lobbying, pet grooming, massage therapy, skin tanning, tattooing and piercing, According to a published report, the measure is dead in its form as legislators from both parties have expressed concern regarding its impact on lower income residents and small businesses and sole proprietors. Louisiana tax bills require a two-thirds majority in each legislative chamber.  

HEADLINES

• The Incumbent Party Fared Well in State Gubernatorial and AG Elections
• Michigan’s House of Representatives Flips to the GOP
• Michigan Legislature Passes Skin Care Reforms and Advances Barbering Hour Reduction Bill
• Cosmetology Licensure Compact and Blow Dry Styling Deregulation Bills Prefiled in Texas 

2024 STATE ELECTION RESULTS

All 11 gubernatorial offices on the ballot in 2024 were won by either the incumbent, or a candidate from the same party as the incumbent. Democrats retained the governorships in Delaware, North Carolina, and Washington, and Republicans retained the governorships in Indiana, Missouri, Montana, New Hampshire, North Dakota, Utah, Vermont, and West Virginia.

The following incumbent governors were reelected:

Montana Governor Greg Gianforte (R)

Utah Governor Spencer Cox (R)

Vermont Governor Phil Scott (R)

Democratic Open seat races:

Delaware – New Castle County Executive Matt Meyer defeated State Representatie Michael Ramone (R)

North Carolina – Attorney General Josh Stein defeated Lieutenant Governor Mark Robinson (R)

Washington – Attorney General Bob Ferguson defeated lobbyist and former U.S. Congressman Dave Reichert (R)

Republican Open seat races:

Indiana – U.S. Senator Mike Braun defeated Indiana Superintendent of Public Instruction Jennifer McCormick (D)

Missouri – Lieutenant Governor Mike Kehoe defeated State House Minority Leader Crystal Quade (D)

New Hampshire – Former U.S. Senator Kelly Ayotte defeated Manchester Mayor Joyce Craig (D)

North Dakota – At-Large U.S. Congressman Kelly Armstrong defeated State Senator Merrill Piepkorn (D) 

West Virginia – Attorney General Patrick Morrisey defeated Huntington Mayor Steve Williams (D)

In state Attorneys Generals races, Democrats retained attorney general offices in North Carolina, Oregon, Vermont, and Washington. Republicans gained an attorney general office in Pennsylvania with York County District Attorney Dave Sunday defeating State Auditor Eugene DePasquale (D) and retained offices in Indiana, Missouri, Montana, Utah, and West Virginia.

There were also elections for the members of 85 of the nation's 99 legislative chambers in 2024, representing 5,807 of the country's 7,386 state legislative seats (79%). Prior to Election Day, Democrats controlled 33 of those chambers, Republicans controlled 50, and two chambers had power-sharing agreements. In 2025, Democrats will control 31 chambers, Republicans will control 51 chambers, Minnesota’s House chamber will be tied with 67 Democratic and 67 Republican seats, and Alaska’s House and Senate will continue to be governed by multi-party coalitions. The Alaksa House majority coalition will however shift from a conservative Republican dominated coalition to a moderate Democratic dominated coalition featuring 14 Democrats, 5 nonpartisans, and 2 Republicans. 

According to Ballotpedia, Republicans recorded their biggest gains in Maine, Michigan, and Vermont. Republicans reduced the Democratic majority in both Maine legislative chambers, won control of the Michigan House and broke the state’s Democratic trifecta, and broke the Democratic supermajority in Vermont. Democrats recorded their biggest gains in Montana and Wisconsin. Democrats broke the Republican supermajorities in Montana and in the Wisconsin Senate.

In addition to the changes listed above, the veto-proof Democratic supermajority in New York and Republican supermajorities in Montana and North Carolina were ended on Election Day. Republicans however obtained a supermajority in South Carolina.

STATE LEGISLATIVE & REGULATORY UPDATES

Illinois

Representative Sonya Harper (D) recently introduced a textured hair training bill. HB 5879 would require barbering and cosmetology students to complete training “on the properties of the hair and all hair types and textures, including coil, curl, or wave patterns, hair strand thicknesses, and volumes of hair.” The 2024 bill is currently in the House Rules Committee and will not carryover to 2025. 

Iowa

The state’s Board of Barbering and Cosmetology Arts and Sciences will be conducting a rulemaking hearing on Wednesday, November 20, 2024, on proposed continuing education and training requirements. According to the official notice, “Subrule 944.2(5) is proposed to be amended to comply with the statutory changes from 2024 Iowa Acts, House File 2686, allowing a licensee to carry over up to 50 percent of excess completed continuing education hours from the previous renewal cycle. This rulemaking would grant barbers, cosmetologists, nail technologists, estheticians, electrologists, and instructors the ability to carry over up to three hours of continuing education earned in excess of the six hours required by Iowa law every two years.”

Michigan

Michigan HB 5684 and HB 5683 received final legislative approval last week after the House overwhelmingly voted to concur in Senate amendments. 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 5684 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. Both bills are awaiting enrollment and transmittal to Governor Gretchen Whitmer (D).

The House Regulatory Affairs favorably reported a bill last week 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. The measure – HB 5786 – eligible for consideration on the House floor was introduced in June by freshman State Representative Jaime Churches (D – Wayne County), who lost her race for reelection to Rylee Linting (R).

Texas

Several 2025 bill of interest were recently prefiled in Austin. HB 705 would authorize the Lone Star State’s entry into the Cosmetology Licensure Compact. HB 837 would require barbering and cosmetology students to receive training on identifying and assisting victims of domestic violence.  

On the Senate side, Senator Bob Hall (R) filed a blow dry styling deregulation bill – SB 101. Business and Commerce Committee Chairman Charles Schwertner (R) filed SB 378, which would prohibit barbering and cosmetology licensees from making “an incision into the dermis layer of a person's skin” or from using a devise ordered or prescribed by a medical practitioner.

IN THE NEWS

Judge won't dismiss sugaring lawsuit - Kansas Justice Institute

After Kansas lawmakers failed to override a veto to change a law, a Shawnee County judge is allowing an anti-regulation lawsuit to continue over a challenge to occupational licensing for sugaring hair removal…