Here is the direct link to the bill.
My recommendation is read it yourself. There is never a perfect bill in politics. Unfortunately, bill perfection is a difficult thing. This bill has so much substance. It has the changing of hours for licensure from 2000 to 1600. This bill has the combination of barbers and cosmeticians. It is loaded with "stuff." Perhaps you will find some components more meaningful than others. You will have a number of things you agree with and then some you don't.
In the event industry we must recognize the importance of hair and makeup on site. Bridal Suites are created for this very reason, so that a bride and her maids can all get their hair and makeup done right there in site. Currently, this is illegal. HB139 will change that.
Second, is freelance makeup artists... Who are these people? What training do they have? How do we know this is safe? The questions here are endless. We simply want to address a few things. These are real concerns, real comments and real discussion points from social media. (The sources are all purposefully deleted.)
1. "staphylococcus lives everywhere on the skin - unsanitary makeup equipment can lead to the transfer of staph, bacterial meningitisand pinkeye to name a few. And seriously ruin your client's styled event. Licensed professionals know this."
The largest makeup retailer in the world at present is MAC. Their artist in Idaho are NOT "licensed." Currently in Idaho there is NOT a license for makeup artists. Sephora, Ulta, and even our local Rite Aidhave individuals applying makeup without a license. It is at present NOT a licensed profession in Idaho. 100s if not 1000s of people in Idaho are getting their makeup done by unlicensed professionals. Staphylococcus certainly scares me. It however does not detour me from seeking out a highly qualified makeup artist.
We are not talking back room medical procedures. As stated in the house committee hearing we are talking about over the counter cosmetics and the application there of. More illnesses have been spread at fast food establishments in Idaho in the last year than from makeup artists in the last 20 years.
2. "Hairdressers leave the salon all the time, they just need a demo permit?"
This is true, you can get a demo permit and leave your salon. However, if you are using a demo permit you can NOT receive financial compensation. The demo permit is $25 and can be applied for through the BOL. Not only can you not charge the bride, the photographer or the movie production team but you will also be out $25.
3. "If this bill does not get passed can I still have my makeup done at my location?"
Sure, but your artist will be in fact breaking the law.
4. "Salons in McCall do hair and makeup all the time."
Yes, but have you called and tried to book with the handful of salons in McCall that do? It is difficult. I spent friday going through the McCall phonebook and I found 4 salons that do wedding hair. The same problem occurs in most destination communities in Idaho. In Riggins, Idaho the salons are closed on Saturdays. We called various salons in Sandpoint and found the same thing.
Not all stylist choose to do wedding hair. Not every stylists specializes in bridal hair or event styling and with the high demand of events in these areas is only possible when opening the opportunity to freelance. Smaller communities such as McCall, Sun Valley, Moscow, Red Fish and many other beautiful communities in Idaho lack stylist within a 30 minute radius. Traveling for more than 30 minutes on your wedding day to get your hair and makeup done is simply just to time consuming.
One of the businesses from Northern Idaho was represented at the House hearing and they testified that they had the clientele just simply could not find the staff. The change in ours will likely increase the ability to find better staff and increase profitability.
5. "So, what you are saying is the current law doesn't let hairstylist work outside of the salon?"
YES. The current law albeit not readily enforced it eliminates work outside of a "licensed establishment." As discussed in the House Committee this means that you as a licensed hairstylist cannot legally fix hair outside of your licensed salon. Those who possess a license are at a much greater risk of performing event styling than those who currently do not possess a license. Those who have a license are at risk of loosing said license if practicing hair styling outside the license salon.
6 "Can the Younique girls do makeup tutorials?"
The FCC and other agencies govern Youtube and other internet forums. Idaho state law does not impact YouTube. However, if the tutorial is on another individual and you air it then you are airing the evidence of you breaking the law. The freelance legislation is not designed for trained sales professionals whom have paid $99 for a makeup kit. It is directly designed for trained and well-educated makeup artists. Makeup Artist who are trained in artistry will often offer their education and years of expertise prior to confirmation of services. You as a consumer have the right to ask ANY makeup artist for knowledge of their sanitation education prior to allowing them to apply anything on your face.
7. "Why did this law get written?"
The original purpose of the bill was The state occupational licensure officials simply wanted to combine regulatory boards, in this case, the Board of Cosmetology and the Board of Barber Examiners. It then began to grow as the state occupational licensure informed three beautiful women that they could no longer practice and threatened them with legal recourse.
8. "So, HB 139 hurts licensed hair dressers?"
Bill HB139 is actually in favor of making freelance legal for LICENSED and NON LICENSED artists. It allows licensed hairstylist to travel outside of their salon. This is excellent for licensed hairstylist looking to do event styling.
9. "My makeup artist said she is licensed in the state of Idaho?"
She may be licensed in the state of Idaho, but not for makeup. At present there is no separate license for makeup. Nor is there separate licensure training set up specifically for makeup.
"Yes, HB 139 still hyper-regulates many aspects of the cosmetology and barber professions. Though the barrier to entry has been reduced, it still takes far too many hours to win the state’s blessing to work, and it remains questionable whether the state should continue to license these occupations at all. The bill would still regulate what a barber pole is (“’Barber pole’ means a red and white striped vertical cylinder with a ball located on top of the cylinder or any object of a similar nature, regardless of its actual shape or coloring, that would create or tend to create the impression to members of the general public that a business located near the object is a barbershop,” says the bill, borrowing from current law.) But in many respects, the bill’s loosening of the stringent regulations on professionals in Idaho is a welcome departure from the status quo." Wayne Hoffman Idaho Freedom Org.
10. "I just booked my makeup artist for my wedding, is that not legal?"
According to the current law yes it is illegal. Are people still practicing? Yes, and those people probably also drive 74 in the 65 MPH zone. Makeup artists make choices as do all business owners. You need to know as a consumer what the regulations are as well. Communicate with your artists and see where they stand before you commit. Encourage knowledge. If your stylist is unaware of the legislation encourage them to read it.