2014 State Legislative Report

The 2014 Minnesota legislative session was short in duration this year and much less problematic for cosmetologists compared to last year!  In 2013, as you may recall, lawmakers were trying to close a state budget deficit with a series of new taxes that included the extension of the state sales tax to cosmetology services.  Immediately, SSPA spearheaded a successful campaign which resulted in the rejection of this proposed tax on cosmetologists last year, so thank you again to all who responded to our organized efforts then to defeat that proposal.  This year, a state budget surplus muted any legislative reconsideration to revive this onerous sales tax proposal.  As before, we will continue to be vigilant to counter any such movement in this direction by lawmakers in the future!

While the 2014 session was brief, SSPA worked with the state Board of Cosmetologist Examiners (BCE) in the passage of new legislation pertaining to cosmetology.  This new law, identified as 2014 session law chapter 162 (as well as senate file 1762) makes a number of mostly technical changes to the cosmetology statute (chapter 155A) and primarily will become effective August 1, 2014.  Elements of these new changes are as follows:

Membership on the BCE board will expand from the current four members to seven.  The composure of the board is mandated to include:  2 cosmetologists, 1 esthetician, 1 nail technician, 1 public school instructor, 1 private school instructor, and 1 at-large public member.  (All appointments to the board continue to be determined by the governor.)

The definition of “licensed practice” is expanded to include cosmetologists employed in the office of a licensed physician (previously estheticians only).  Practicing cosmetologists in this category will still be subject to all other licensing provisions.

  • Cosmetology schools with only postsecondary students shall be recognized as “postsecondary schools” by the BCE in response to new federal financial aid eligibility requirements for students.
  • Clarifies that it is illegal for an unlicensed individual under the control of a licensee to perform any service for compensation.
  • Requires any professional association offering continuing education to cosmetologists must be a nonprofit entity and must submit to the BCE their curriculum for preapproval; that BCE recognition of these providers is valid for three years, and this recognition may be revoked at any time for just cause.
  • Directs the BCE to develop new State Rules to incorporate these changes.

Please note: due to these changes, you should prepare to acquire new cosmetology law and rule books by end of year 2014 or when they are availalble!

A separate new law was also enacted, 2014 session law chapter 169 (house file 2659) which now statutorily specifies that the practice of eyebrow threading is an unregulated service.  While this had already been incorporated in State Rule by the BCE last year, proponents of this issue insisted that it be included in State Statute as well.  Neither SSPA nor BCE were supportive of this legislation, and considered it unnecessary in light of the existing rule.  However, since this service is unregulated already by Minnesota Rules, it was not possible to prevent its incorporation in statute.

Meanwhile, the barbers this year also introduced legislation specific to their profession but it failed to advance in the short session.  Only one provision concerned us, that being the authorization of mobile service vehicles for barbers.  Had this legislation moved forward, we were prepared to amend that section to prevent any of these proposed new mobile services from operating freely within close proximity to any licensed salons.

Please be mindful that this November is the general election in Minnesota!  All state executive branch offices (governor, attorney general, secretary of state and auditor) are on the ballot as well as the state house of representatives (but not the state senate).  Should you encounter candidates for these offices, engage the person by reminding him or her of the importance of your profession and the need for proper and fair regulation, and NO SALES TAX!  Always be respectful, but firm in your discussions.

The 2015 legislative session will begin January 6 and it will be another budget setting year for the state (the state budget is created every two years).  SSPA will again be present to ensure your livelihood is enhanced and not negatively affected by our state lawmakers.  Our efforts in Saint Paul depend heavily on your involvement to allow us to continue with our past successes!  Please support SSPA accordingly with your membership and please respond when called upon to contact our state legislators when the need arises!

Respectfully,

Jim Hirst, SSPA lobbyist

Legislative Advocacy Page