Arizona House of Representatives Committee on Regulatory Affairs Report of Regular Meeting - February 8, 2023

Summary

The report of the regular meeting of the Arizona House of Representatives Committee on Regulatory Affairs, Fifty-sixth Legislature, First Regular Session, held Wednesday, February 8, 2023 from 2:00 P.M. to 3:46 P.M., with Representative Hendrix as Chairman and Representative McGarr as Vice-Chairman. The committee action table lists HB2172 do pass 7-0-0-0, HB2525 do pass amended 4-3-0-0, HB2199 do pass amended 7-0-0-0, HB2550 do pass 7-0-0-0, HB2429 do pass 7-0-0-0 and HB2230 do pass 6-0-0-1. Attachments include the agenda, the Request to Speak report, a committee attendance record, bill summaries, roll call vote sheets and a proposed amendment to H.B. 2525. The HB 2525 summary describes a Board of Barbering and Cosmetology inspection program allowing participating shops and salons to employ unlicensed individuals and reduced training hours for several licenses.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

COMMITTEE ON REGULATORY AFFAIRS

Report of Regular Meeting
Wednesday, February 8, 2023
House Hearing Room 5 -- 2:00 P.M.

Convened 2:00 P.M.
Recessed
Reconvened
Adjourned 3:46 P.M.

Members Present

Representative Bravo

Representative Gutierrez
Representative Hernandez
Representative Payne

Representative Pefia

Representative McGarr, Vice-Chairman
Representative Hendrix, Chairman

Agenda
Original Agenda — Attachment |

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Committee Action
Bill Action
HB2172 DP
HB2525 DPA
HB2199 DPA
HB2550 DP
HB2429 DP
HB2230 DP

MINUTES RECEIVED
GHIEF CLERK'S OF FICE

of -/3- AS

Members Absent

Vote Attachments
7-0-0-0 4,5

4-3-0-0 6, 7, 8,9
7-0-0-0 10,11, 12
7-0-0-0 13, 14
7-0-0-0 15, 16
6-0-0-1 17, 18

(Original attachments on file in the Office of the Chief Clerk; video archives available at http:/Avww.azleg.gov)

COMMITTEE ON REGULATORY AFFAIRS
February 8, 2023

REVISED #2- 2/08/23 REVISED #2- 2/08/23 REVISED #2- 2/08/23
Comeneed ob “Oopn?

ARIZONA HOUSE OF REPRESENTATIVES a ara
Fifty-sixth Legislature - First Regular Session féliooricel ae Mi pr)

REGULAR MEETING AGENDA

COMMITTEE ON REGULATORY AFFAIRS

DATE Wednesday, February 8, 2023 ROOM HHR5 TIME 2:00 P.M.

Members of the public may access a livestream of the meeting here:
https:/Avww.azleg.gov/videoplayer/2clientID=636 1 162879&eventID=202302 1033

Members:
Representative Bravo Representative Payne Representative McGarr, Vice-Chairman

Representative Gutierrez Representative Pefia Representative Hendrix, Chairman
Representative Hernandez A

Biils Short Tifle Strike Everything Title

@ *HB2172 massage therapy; communication proficiency;
DE repeal

(Longdon: Dunn, Pawlik, et al)
LODO RA, RULES

*HB2199 cosmetology instructors
WA (Wilmeth)

Posey py ~ RA RULES

*HB2230 D appraiser; claims; time limitation

** (Harris: Jones, Smith)
| 6-O-o- RA, RULES
GZ HB2429 Pp p occupational licenses; convictions
——  (Wilmeth)

HB2525 barbering; cosmetology; salons; unlicensed
(&) PEG _ employees

(Hendrix)
G30). RA, RULES

Page 1 of 2 Attachment _f

Bills Short Title Strike Everything Title

HB2542 cosmetology Heensure-interstate compact
——— (Buna)
RA; RULES

HB2550 Ly eyelash technicians; registration.
Y bP (Wilmeth)
PZ. 6-0-2 RULES

+ On previous agenda
al Pending unanimous consent pursuant to House Rule 9 (C) 3

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

J¥
RA
02/02/2023
92/06/2023
02/08/2023

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or

assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1.

Page 2 of 2

Information Registered on the Request to Speak System

House Regulatory Affairs (2/8/2023)

HB2172, massage therapy; communication proficiency; repeal

Testified in support:
Lauren Bouton, representing self; Michael Tapscott, representing self; Michelle Cordero, representing self

Support:

David Kahn, REPUBLICAN LIBERTY CAUCUS OF ARIZONA; Charles Schinke, representing self; DEBRA SCHINKE,
representing self; Claribeth Davis, representing self; R Morrison, representing self; Cynthia Newswander,
representing self; Carol Stines, representing self; Wendy Jonessee, representing self; Gretchen Petersen,
representing self; Sue VanRiper, representing self; Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER, Self

All Comments:
Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER, Self: This bill eliminates a needless burden to earning an honest
living. Arizona's requirement Is unique in the nation and should be eliminated.

HB2199, cosmetology instructors

Testified in support:
cathy koluch, representing self

Support:

Alexandria Mendoza, ARIZONA COSMETOLOGY SCHOOLS COALITION; David Kahn, REPUBLICAN LIBERTY CAUCUS
OF ARIZONA; Charles Schinke, representing self; Jacqueline Mesa, representing self; DEBRA SCHINKE, representing
self; Claribeth Davis, representing self; R Morrison, representing self; Cynthia Newswander, representing self;
Wendy Jonessee, representing self; Gretchen Petersen, representing self; Sue VanRiper, representing self

All Comments: |
cathy koluch, Self: This reduces barrier to entry for those who move to AZ and are experienced educators in
another state that do not require an educator license. It also helps AZ residents who wish to become an educator.

HB2230, appraiser; claims; time limitation

Support:
Dale Cooper, MAI, SRA, AI-GRS, AI-RRS, PHOENIX CHAPTER APPRAISAL INSTITUTE

Attachment oe

All Comments:

Dale Cooper, MAI, SRA, AI-GRS, AI-RRS, PHOENIX CHAPTER APPRAISAL INSTITUTE: The Phoenix Chapter of the
Appraisal Institute Southern Arizona Chapter of the Appraisal Institute REASA, Real Estate Appraisers of Southern
Arizona COAA, Coalition of Arizona Appraisers

HB2429, occupational licenses: convictions

Testified in support:
John Bauters, representing self

Support:

Russell Smotdon, Action For Safety And Justice; Mike Huckins, GREATER PHOENIX CHAMBER OF COMMERCE;
Cheryl Todd, representing self; Shaun Rieve, JUSTICE ACTION NETWORK; Marilyn Rodriguez, AZ ATTORNEYS FOR
CRIMINAL JUSTICE; Nathan Wade, representing self; Kim Bishop, representing self; R Morrison, representing self;
Cassandra Todd-Jameson, representing self; Sue VanRiper, representing self

All Comments:

John Bauters, Self: This bill will remove barrlers to employment and self-sufficiency for Arizonans who have
completed their sentence for nonviolent offenses, paid fines and fees, and have been approved for judicial sealings
or set asides of their convictions.

HB2525, barbering; cosmetology; salons; unlicensed employees

Testified in support:
Lauren Bouton, representing self; Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER, Self

Testified as opposed:
cathy koluch, representing self

Support:

David Kahn, REPUBLICAN LIBERTY CAUCUS OF ARIZONA; Charles Schinke, representing self; DEBRA SCHINKE,
representing self; R Morrison, representing self; Cynthia Newswander, representing self; Wendy Jonessee,
representing self; Sue VanRiper, representing self

Oppose:

Pierre Desombre, representing self; Steve Schwartz, representing self

All Comments:

Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER, Self: The time and money spent getting a license comes at a
great cost and frequently leads to significant debt. The inspection program leaves hiring and training decisions to
salon owners. Public health is protected by inspections. Like with restaurants.; cathy koluch, Self: This bill is
wreckless, It will lead to harm to the public. Inspections now & again do not guarantee sanitation & Infection
control will be taught. This will lead to low wage jobs with no future. Salon owners are not educators, they are

technicians.; Steve Schwartz, Self: This bill is hazardous to the public. Would never send my grandmother to an
unlicensed person. This will turn into slave labor

HB2550, eyelash technicians; registration..

Testified in support:
cathy koluch, representing self

Testified as neutral:
Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER, Self

Support:
Alexandria Mendoza, ARIZONA COSMETOLOGY SCHOOLS COALITION

All Comments:

cathy koluch, Self: This reduces barrier to entry for those who wish to do just eyelashes extensions with a minimal
training course that includes sanitation, infection control, product knowledge and safety; Paul Avelar, INSTITUTE
FOR JUSTICE AZ CHAPTER, Seif: Although not perfect, this bill (if amended) can solve an existing practical problem
in the way Arizona regulates eyelash extensions.

HOUSE OF REPRESENTATIVES

Please PRINT Clearly
Committee i Veg CL le atery DEB BillNumber oC See SS |
Date: oN OL /4. Doo Qi Support Oppose Neutral ote oh ° 2
Name Frek Mal Need to Speak? Yes C1No ot ih os
Representing . Are you a registered lobbyist? one
Complete Address | 74/0 Aeleyns Sb, fr cud fre SSP
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E-mail Address Cin tgal, bel. -AZ. Ga) Phone Number

Comments:

FT VE-MINUTE SPEAKING LIMIT#**
ARIZONA STATE LEGISLATURE
Fifty-sixth Legislature - First Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS
CHAIRMAN: Laurin Hendrix VICE-CHAIRMAN: _Cory McGarr
DATE 01/25/23|.2// 123] 0/7 123 /23} 123
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MEMBERS
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Gutierrez Va a a
Hernandez A a i Lb
Payne ~~ i “a
Pefia Va I a
McGarr, Vice-Chairman a a a
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V Present --- Absent exc Excused

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Attachment _~?_

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

HB 2172: massage therapy; communication proficiency; repeal
Sponsor: Representative Longdon, LD 5
Committee on Regulatory Affairs

Overview
Removes the requirement that the Board of Massage Therapy (the Board) have rules for licensure
requiring communication proficiency for health and safety in massage therapy.

History

The Board licenses and regulates massage therapists (A.R.S. § 32-4203). The practice of
massage therapy is defined as the application of massage therapy to an individual for a fee or
other consideration. This does not include medical diagnosis, medical procedures, naturopathic
manipulative medicine, osteopathic manipulative medicine and chiropractic adjustive procedures,
the prescription of medicine or the use of medical modalities requiring an alternative license to
practice (A.R.S. § 32-4201).

The Board requires the submission of select direct source documents for initial applicants, which
are documents that cannot be submitted by the applicant and must be received directly from the
issuing agency/entity. These documents consist of:

1) academic transcripts from each Board-recognized school;

2) written verification of a passing score on the Board Certification in Therapeutic Massage
and Bodywork (BCTMB) or the Federation of State Massage Therapy Boards (FSMTB)
exams;

3) completed license verification if from or each jurisdiction the applicant has ever held or
currently holds a massage therapy or bodywork license; and

4) scores earned on either the Test of English as a Foreign Language (TOEFL) or the Test
of English for International Communication (TOEIC) exam if the applicant's native

language is not English (Arizona State Board of Massage Therapy — Initial Application).

Provisions

1. Strikes the requirement that the Board of Massage Therapy must adopt rules for licensure
involving communication proficiency relating to protecting the health and safety in the practice
of massage therapy. (Sec. 1)

2. Makes technical changes. (Sec. 1)

0 Prop 105 (45 votes) 0 Prop 108 (40 votes) 0 Emergency (40 votes) 1 Fiscal Note

HB 2172
Initials DC/TM Page 1 Reaulatory Affairs

Attachment Y

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

COMMITTEE ON

ROLL CALL VOTE

Regulatory Affairs

BILL NO.

DATE February 08, 2023

HB 2172

MOTION: an

PASS

>
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NAY

PRESENT

ABSENT

Bravo

Gutierrez

Hernandez A

Payne

Pefia

McGarr, Vice-Chairman

Hendrix, Chairman

APPROVED:

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7 GEQRINTENDRIX Chairman
CORY MCGARR, Vice-Chairman

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f) COMMiTyee SECRETARY

ATTACHMENT.

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ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

bag TLRS TODS aE LTE TTS ST OST Ee ETE

HB 2525: barbering; cosmetology; salons; unlicensed employees
Sponsor: Representative Hendrix, LD 14
Committee on Regulatory Affairs

Overview

Establishes a new program and registry administered by the Arizona Board of Barbering and
Cosmetology (Board) to allow licensed, participating shops and salons to employ unlicensed
individuals.

History
Laws 2021, Chapter 334 consolidated the barbering and cosmetology boards into the Arizona

Board of Barbering and Cosmetology, effective January 1, 2022. The new nine-member Board
is appointed by the Governor to three-year terms and include: 1) a barber; 2) a cosmetologist; 3)
two school owners; and 4) five public members. Board powers and duties include adopting
pertinent rules for sanitary and safety requirements, administering and enforcing statutes and
rules, issuing and maintaining proper licensee records and prescribing school curriculum
requirements among others (A.R.S. §§ 32-304, 32-504).

Provisions

Shop and Salon Inspection Program (Inspection Program) and
Shop and Salon Registry (Registry) (Sec. 2)
1. Directs the Board to establish an Inspection Program and Registry to allow participating,
licensed shops or salons to employ unlicensed individuals.

2. Permits licensed shops and salons to participate in the Inspection Program by registering with
the Board.

3. Authorizes appropriately licensed shops or salons that are registered Inspection Program
participants to hire unlicensed persons to provide barbering, aesthetics, cosmetology,
hairstyling or nail technology,

4. Outlines sign requirements for registered Inspection Program participants.

5. Requires any registered Inspection Program shop or salon to abide by all facility, equipment,
safety, infection control, inspection, management and licensing renewal mandates and all
other statutory requirements.

6. Stipulates that the owner of any registered and participating Inspection Program shop or salon
is responsible for:
a) ensuring the education, training and competence of persons working in the salon or shop;
b) protecting the health and safety of all customers and workers, including the sanitation of
the shop and equipment.

7. Permits a person to recover reasonable attorney fees and other equitable relief, as determined
by the court, for an alleged injury resulting from an action that occurred in a shop or salon.

1 Prop 105 (45 votes) O Prop 108 (40 votes) [Emergency (40 votes) © Fiscal Note

HB 2525
Initials DC Page 1 Reaulatorv Affairs

Attachment é.

10.

11.

12.

13.

14.

15.

16.

Directs the Board to conduct regular inspections of participating Inspection Program shops or
saions, as it deems necessary.

Empowers the Board to order an Inspection Program shop or salon to cease operations if
there is probable cause to believe that human health is endangered and outlines the process
and procedures for remedy.

Miscellaneous
States that a person employed with an Inspection Program shop or salon is not required to be
licensed. (Sec. 1, 3)

Permits a person with a least 200 hours of infection protection and law review instruction to
obtain an aesthetician's license if the person submits the application and meets all other
statutory requirements. (Sec. 4)

Changes the requirements to receive a cosmetologist license as follows:

a) decreases, from 1,500 to 1,000, the required training course hours; and

b) decreases, from 250 to 200, the infection protection and law review instruction hours.
(Sec. 5)

Revises the requirements to obtain a nail technician license as follow:

a) decreases, from 600 to 400, the number of required training hours.

b) permits a person with at least 150 hours of infection protection and law review instruction
to obtain a license if the person submits the application and meets all other statutory
requirements. (Sec. 6)

Modifies the requirements to obtain a hairstyling license as follows:

a) decreases, from 1,000 to 600, the number of required training hours; and

b) permits a person with at least 200 hours of infection protection and law review instruction
to obtain a license if the person submits the application and meets ali other statutory
requirements. (Sec. 7)

Specifies that the infection protection and law review instruction may be completed through
an approved federal Department of Labor program or an Arizona Department of Economic
Security approved apprenticeship program. (Sec. 4, 6, 7)

Makes technical and conforming changes. (Sec. 1, 3, 4, 5, 6, 7)

HB 2525

Initials DC Page 2 Regulatory Affairs

Fifty-sixth Legislature Regulatory Affairs
First Regular Session H.B. 2525

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B, 2525
(Reference to printed bill)

Page 1, line 30, strike "32-358" insert "32-357"

Page 5, strike lines 8 through 44

Renumber to conform

Page 6, line 22, strike “stx FOUR" insert “six"

Page 7, lines 13 and 14, strike “one—ttrousand SIX HUNDRED" insert “one thousand"

Amend title to conform

LAURIN HENDRIX

2525HENDRIX. docx
01/26/2023

08:34 AM

C; MU

Attachment Z.

__ Failed

: Not Offered Analysts init

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. __HB 2525

DATE February 08, 2023 MOTION: DLA

PASS AYE NAY PRESENT | ABSENT

Bravo Va
Gutierrez ae
Hernandez A YW
Payne

Pefia

McGarr, Vice-Chairman

AINA

Hendrix, Chairman

4\|zZ le |e

APPROVED: J CONMITTES SECRETARY
Ze —_

a4 ous (X, Chairman
ARR, RS Chairman

=
ATTACHMENT x

State: cosmetology: licensing does little to help.students o he: public: The main
benefictaries of cosmetology licensing: are cosmetology.schools..A new. report-from the
Institute for Justice. examined:federat data on cosmetology schools nationwide and found
that. cosmetology. school,a: requirement-for a state license-to work,.is:a-raw: deal for.

vA

: many: aspiring: beauty workers. Cosmetology school is expensive, time-consuming:and 5
How Arizona Licensing Fails Aspiring Beauty Workers (elo cand It rarely pays off 19 terms of eamings, E
Read the-full report. at'ij. g/report/beauty-school-debt-and-drop-outs/ g
| =
Average Costs vs. Average Pell Grant Awards and Federal Student Average Percent of Students Per School Who Graduated On Time, Within
Loan Amounts for Awardees, 2011-2012 to 2016-2017 18 Months and Within 24 Months, 2011-2012 to 2016-2017

@ Pell Grant Award gi Federal Student Loan Amount & Program Cost @OnTime wWithin18 Months = Within 24 Months

State-mandated cosmetology school is expensive and time-consuming in

Arizona cosmetology schools do a poor job of graduating students on time—sr even at
Arizona. On average, it costs over $17,000 and takes about a year.

ail. On average, less than a fifth of students graduate on time.

Median Salaries of Cosmetologists, Restaurant Cooks, Percent of Cosmetology Programs That Match, Fall Woes he etend
Janitors and Concierges, 2021 Below or Exceed State Mandates, 2016-2017 lengthy schooling might
make sense if it. were
$30.93 Our data suagest state essential for public safety,
30,950 lcensing is the reason but there.are good. reasons
$30,290 cosmetology school takes to think it is not: Most.

se Leng. Even though state
requirements differ, most
cosmetology programs

cosmetology services are
safe, and little of the

exactly match state material states require
mandates (100% in schools'to.teach directly
. - Arizona’s case). Most addresses. health and
Cosmetologist Restaurant Cooks* Janitors” Concierges* teltingly, when states safety—only about 25%
* No burdensome state licensure or education requirements. reduce licensing hours, nationwide, according to.a
Cosmetoleey schoo! rarely pays off in terms of earnings. Arizona students who schools quickly fail in line.

recent legal analysis.
graduate and become licensed can expect to earn less than $31,000 a year on

average, not much more than restaurant cooks, janitors, or concierges.

Contact: Paul: Avelar;: Managi Attorney ofthe institute forJustice Arizona Office, (4.8.0) 5.5°7:-8300;) pavelar@ijcorg

ENS TATUTE FOR FUSTECE . 398 S. Milt Aves Sulte:3 045 Tem pecaZ: 852381 www.lliORG

BOARD

~ CONSOLIDATED WEBSITE.
- Created'one website for both Boards for a centralized
- location to find information.

LICENSE ISSUANCE T IMELINESS
Reduced establishment license.issuance from 18:
weeks to. four weeks or.less. Adjusted the examination

ligensing process to: allow candidates to schedule

their ‘testing at,the beginning of. the process,

; effectively eliminating the 10+ week backlog of

examination, approvals,

IMPROVED CUSTOMER SERVICE

: Reduced average call center wait time from 40+

~.. minutes to less than 10-minutes with an average calf
handle time of 3:38. Reduced the average number of

monthly phone calls from: 4 200 to less than 2, 900.

TESTING |

Implemented a written practical examination for
Cosmetology, Aesthetics, Nail Technology and Barber
styling: eliminating the need for > provisional licensing.

OF INSPECTIONS WERE
} SATISFACTORY

-INSPETCTIONS CONDUCTED:

ttps//ocb.az.gov

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

HB 2199: cosmetology instructors
Sponsor: Representative Wilmeth, LD 2
Committee on Regulatory Affairs

Overview
Provides license reciprocity if an individual has at least one year of instructor experience in
another state or country.

History

Title 32, Section 532, Arizona Revised Statutes, authorizes an individual to receive a license to
teach cosmetology, aesthetics, nail technology or hair styling (Professions) in a school if the
person applies to the Barbering and Cosmetology Board and pays the required license fees. The
person must comply with one of the following:

1) is a currently licensed instructor in one of the Professions in another state or country; or
2) does al! the following:
a) submits proof of being at least 18 years of age; or submits a high school diploma and
proof of being at least 16 years of age; and
b) is a licensed professional in another state or country;
c) completes training in another state or country with an instructor education program
with requirements substantially equivalent to those of Arizona;
d) passes the required examination for an instructor license;
e) has five years of industry experience within the 10 years before application; and
f) meets all Board requirements.

Students may only provide services to the public while under the direct supervision of an instructor
and cannot receive any kind of pay for professional services while a student (A.R.S. 32-557).

Provisions
1. For purposes of license reciprocity, permits a person with at least one year of instructor
experience in another state or country to obtain an Arizona instructor's license. (Sec. 1)

2. Allows an enrolled student in the school to be a paid employee if the person intends to become
an instructor. (Sec. 2)

0) Prop 105 (45 votes) CO Prop 108 (40 votes) O Emergency (40 votes) Fiscal Note

HB 2199
initials DC Page 1 Reaulatorv Affairs

Attachment JO
Fifty-sixth Legislature Regulatory Affairs
First Regular Session H.B. 2199

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2199
(Reference to printed bill)

1 Page 1, line 41, strike "AND WHO INTENDS TO BECOME” insert "FOR THE PURPOSE OF
2 BECOMING"

3 Amend title to conform

NANCY GUTIERREZ

2199GUTIERREZ. docx
01/26/2023

02:03 PM

C: MU

Printed By: ccovey
Printed On: January 26, 2023 02:03 PM

Attachment SI

Adopted L_ # of V

c Failed Withdrawn

Not Offered Analysts Initials
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON , Regulatory Affairs BILL NO. HB 2199

DATE February 08, 2023 MOTION: DEA
PASS AYE NAY PRESENT | ABSENT

Bravo ~~

Gutierrez \

Hernandez A \~

Payne ~~

Pefia ~~

McGarr, Vice-Chairman ~~

Hendrix, Chairman VA

YY | @D|o oD

APPROVED: _ (//CONMITTE SECRETARY
ZZCAURIS HENDRIX, Chairman

CORY MCGARR, Vice-Chairman

ATTACHMENT /&

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

HB 2550: eyelash technicians; registration...
Sponsor: Representative Wilmeth, LD 2
Committee on Regulatory Affairs

Overview
Allows the Board of Barbering and Cosmetology (Board) to create and implement registration
requirements for eyelash technicians.

History
The Board: 1) administers licensing examinations and issues licenses; 2) inspects salons, barber

establishments and schools; and 3) investigates violations of sanitation requirements and
procedures. The Board may also conduct hearings and impose enforcement actions where
appropriate.

Current Statute allows aestheticians, individuals licensed to practice skin care and
cosmetologists, individuals licensed to practice cosmetology, to engage in the practice of arching
eyebrows or tinting eyebrows and eyelashes. Cosmetology also includes: 1) applying oils, creams
and other products by hand or with electrical appliances; 2) removing superfluous hair without
electrolysis or threading; 3) nail technology; and 4) hairstyling (A.R.S. § 32-501).

Licensing requirements for aestheticians include: 1) submitting an application to the Board; 2)
receiving appropriate credits for at least two years of high school education or a Board education
equivalent and evidence the individual is 16 years of age, or evidence that the individual is 18
years of age; 3) providing evidence to the Board that the individual graduated from an
aestheticians school outside of the state having similar requirements to that of the state or
graduating from a Board-approved aesthetician school with 600 hours of training; 4) passing the
aesthetician licensing examination; and 5) paying the licensure fees (A.R.S. § 32-510).

Provisions
1. Authorizes the Board to create registration requirements for eyelash technicians including:
a) submitting an application to the Board;
b) completing credits equivalent to two years of a high school education or a Board
equivalent and evidence that the applicant is 16 years old; or
c) providing evidence that the individual is 18 years old; and
d) providing to the Board proof that the applicant has completed at least 30 hours of training
through an approved program and pays the appropriate fees for registration. (Sec. 6)

2. Requires registration be renewed biannually on or before the individual's birthday during the
renewal year and that the Board maintain a registry of registered nail technicians. (Sec. 6)

3. Allows the Board to set the fees for registration and registration renewal. (Sec. 4)
4. Incorporates registrations into the Board's disciplinary oversight. (Sec. 7, 8, 9)

5. Stipulates that unregistered practice as an eyelash technician constitutes a Class 1
misdemeanor. (Sec. 10)

HB 2550
Initials DC/TM Page 1 Regulatory Affairs

Attachment 1/3
6. Asserts that an eyelash technician is not considered an aesthetician and defines pertinent

terms including:

a) eyelash technician as a person who is not licensed as a cosmetologist or aesthetician and
who for compensation performs personal services limited to eyelash extensions; and

b) eyelash extensions as applying, removing and trimming threadlike natural or synthetic
fibers to an eyelash, including cleansing the area of the eyes and lashes, not including
applying eyelash enhancements that are tattoos, color agents, straightening agents,
permanent wave solutions or bleaching agents to the eyebrow or any other cosmetology
service, (Sec. 1)

7. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 7, 8, 9, 10)

© Prop 105 (45 votes) 0 Prop 108 (40 votes) O Emergency (40 votes) (1 Fiscal Note

HB 2550
Initials DC/TM Page 2 Regulatory Affairs
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. HB 2550
DATE February 08, 2023 MOTION: Wi
PASS AYE NAY PRESENT | ABSENT
Bravo ~
Gutierrez Ve
Hernandez A ~~
Payne ~~
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McGarr, Vice-Chairman ~
Hendrix, Chairman L~
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APPROVED: OMMITTEB*SECRETARY

es

A N DRIX,Chairman
a AR

R, Vice-Chairman

ATTACHMENT /7

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

HB 2429: occupational licenses; convictions
Sponsor: Representative Wilmeth, LD 2
Committee on Regulatory Affairs

Overview

Expands the exemption related to criminal histories for which state agencies may not deny an
occupational license. Requires the Department of Public Safety (DPS) to issue a fingerprint
clearance card for individuals convicted of specified crimes if their convictions have been set
aside or their records have been sealed.

History
Statute requires state agencies to limit occupational regulations to those that are demonstrated

to be necessary to specifically fulfill a concern for public health, safety or welfare (A.R.S. § 41-
1093.01). State law also prohibits agencies from denying a regular or provisional occupational
license to someone who is otherwise qualified but who has been convicted of a drug
offense. Occupational licenses include permits, certificates, approvals, registrations, charters or
any similar form of permission that allows an individual to use an occupational title or perform
work in a lawful occupation (A.R.S. § 41-1093.06).

Arizona statutes require a fingerprint clearance card for several types of professional licenses,
certifications and state jobs. Statute establishes two separate lists of crimes, appealable and
unappealable, for which DPS must deny a fingerprint clearance card. If a person has been
convicted of an offense on the appealable list, the person can appeal to the Board of
Fingerprinting for a good cause exception.

Provisions

1. Prohibits state agencies from denying a regular or provisional occupational license to an
individual convicted of a felony offense, except if the person was convicted of one of the
following:
a) a dangerous crime against children;
b) a serious offense; or
c) a violent or aggravated felony. (Sec. 1)

2. Requires DPS to issue a fingerprint clearance card if all of the following apply:
a) the person is applying for a fingerprint clearance card to obtain a license under Title 32;
b) the person’s criminal history record does not include any unappealable offenses; and
c) the person’s criminal history record contains an appealable offense and the conviction has
been set aside or the record has been sealed. (Sec. 2)

3. Makes conforming changes. (Sec. 1)

(J Prop 105 (45 votes) 1 Prop 108 (40 votes) 0 Emergency (40 votes) 1 Fiscal Note

HB 2429
initials DC Page 1 Reaulatory Affairs

1

Attachment Je |

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. __ HB 2429
DATE February 08, 2023 MOTION: D VA

PASS | AYE NAY PRESENT | ABSENT

McGarr, Vice-Chairman

Hendrix, Chairman

Bravo L
Gutierrez Val
Hernandez A \~
Payne i
Pefia ~
Va
VA
2

Whee

APPROVED: PITTS BECRETARY

7“ TABRIN HENDRIX”Chairman
CORY MCGARR, Vice-Chairman

ATTACHMENT. 2

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
First Regular Session

Ba NECESSITATE SE EET EER EET TTT
HB 2230: appraiser; claims; time limitation
Sponsor: Representative Harris, LD 13
Committee on Regulatory Affairs

Overview
Limits the time in which an individual may bring action against a real estate appraiser.

History
An individual who has a cause of action for damages against a home inspector must commence

the action within four years following the event that causes the action (A.R.S. § 12-530).

The Appraisal Standards Boards of the Appraisal Foundation sets the uniform standards of
practice for real estate appraisers through the Uniform Standards of Professional Appraisal
Practice (USPAP). Current Statute has codified these standards into law (A.R.S. § 32-3610).

According to the Appraisal Institute, the discovery rule, a court made rule, allows a near infinite
statute of limitations due to the time of filing a suit being unable to commence until the filing party
discovers, or should have discovered, alleged defects in the appraisal. The USPAP requires that
a work file for each appraisal be maintained for a period of five years after the appraisal was
conducted or at least two years following a final disposition of any judicial proceeding involving
testimony provided by the appraiser relating to the appraisal (Statutes of Repose — The Appraisal
Institute),

Provisions

1. Allows an individual to take action against a real estate appraiser for damages either prior to
the statute of limitations if it does not exceed four years or within a four-year period following
the report date. (Sec. 1)

2. Lists the cause of action for damages against real estate appraisers as malpractice,
negligence, an error, a mistake, an omission or breach in connection with a real estate
appraisal or appraisal-related service. (Sec. 1)

3. Specifies that the statute of limitations does not apply to a claim in which a real estate
appraiser intentionally commits fraud or makes a gross misrepresentation when performing
an appraisal or appraisal-related service. (Sec. 1)

4, Defines report date as the date in which the appraisal service was completed or should have
been completed and defines real estate appraiser as a:
a) state-licensed appraiser;
b) state-certified residential appraiser;
c) state-certified general appraiser;
d) state-registered trainee appraiser; and
e) any agent, employee, employer or firm of a person listed prior. (Sec. 1)

LJ Prop 105 (45 votes) Ci Prop 108 (40 votes) [1 Emergency (40 votes) 1 Fiscal Note

HB 2230
Initials DC/TM Page 1 Raaulatory Affairs

Attachment 4

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. HB 2230

DATE February 08, 2023 MOTION: LP}

PASS AYE NAY PRESENT | ABSENT
Bravo ~~ ,
Gutierrez ~~
Hernandez A al
Payne ~~
Pefia ~~
McGarr, Vice-Chairman vw
Hendrix, Chairman ~

S21, Oo] & /
A, Le Bh- —

APPROVED: PONMITTER/SECRETARY

ALAURIN-EN Chairman
CORY MCG , Vice-Chairman

ATTACHMENT /&*

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