Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR
Reps. Anyanonu, Roybal Caballero, and
Herndon
/Sen. Pope
LAST UPDATED
ORIGINAL DATE 02/14/2025
SHORT TITLE Hair Braiding Licensure
BILL
NUMBER House Bill 281
ANALYST Montano
REVENUE*
(dollars in thousands)
Type FY25 FY26 FY27 FY28 FY29
Recurring or
Nonrecurring
Fund
Affected
Fee
Indeterminate
but minimal
loss
Indeterminate
but minimal
loss
Indeterminate
but minimal
loss
Indeterminate
but minimal
loss
Indeterminate
but minimal
loss
Recurring
Board of
Barbers and
Cosmetologis
ts Fund
Parentheses ( ) indicate revenue decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Regulation and Licensing Department (RLD)
New Mexico Attorney General (NMAG)
SUMMARY
Synopsis of House Bill 281
House Bill 281 (HB281) exempts hair braiding from licensure requirements under the Barbers
and Cosmetologists Act, meaning individuals who engage in hair braiding will no longer be
required to obtain a cosmetology, barbering, or hairstyling license. The bill also prohibits
disciplinary action against individuals for practicing hair braiding without a state-issued license.
The bill defines "hair braiding" as the practice of twisting, wrapping, weaving, extending,
locking, or braiding hair, including the use of extensions, fibers, decorative beads, and other
accessories. The definition clarifies that hair braiding does not involve cutting, coloring, or
chemically altering hair, which remain licensed activities.
Additionally, HB281 removes hair braiding from the scope of hairstyling in state law, ensuring
that individuals who braid hair do not need to meet hairstyling education, training, or licensing
requirements. The bill also updates the grounds for license revocation, stating that a person
cannot be penalized for braiding hair without a license.
The effective date of this bill is July 1, 2025. House Bill 281 – Page 2
FISCAL IMPLICATIONS
The Regulation and Licensing Department (RLD) projects HB281 will reduce revenue to the
board of barbers and cosmetologists fund by an unquantified amount. Expected revenue loss
would be minimal due to the low number of establishments that specialize in hair braiding.
There will be no fiscal impact on the operating budget of the board.
SIGNIFICANT ISSUES
By eliminating licensing requirements, HB281 seeks to increase economic opportunities for hair
braiders, particularly those in cultural and traditional hair practices, while reducing regulatory
barriers and allowing for more entrepreneurial activity in the industry
The Board of Barbers and Cosmetologists has expressed strong opposition to HB281. Board
Chair Luevano wrote the following:
I am writing to formally express my strong opposition to the exclusion of hair braiding
from the current regulations in the state of New Mexico. While hair braiding is often seen
as a natural styling technique, it is important to recognize that certain products and
chemicals used in the process can pose significant health risks if not handled properly.
Many hair braiders incorporate chemical treatments such as relaxers, bonding adhesives,
and other hair care products that, if misused, can cause scalp burns, allergic reactions, and
other serious health concerns. Without proper training and oversight, there is an increased
risk of harm not only to clients but also to practitioners. Regulations ensure that all
individuals providing hair services are adequately educated on sanitation, product safety,
and client protection.
Exempting hair braiding from state regulation would lower the professional standards
within the industry and compromise consumer safety. I firmly believe that maintaining
oversight is essential to upholding public health and professional integrity in the
cosmetology field.
I urge the state of New Mexico to uphold the current regulations and ensure that hair
braiding remains within the scope of professional standards. Thank you for your time and
consideration on this critical matter.
In a February 10, 2025, article
1
in the Santa Fe New Mexican, advocates for the bill highlight
that, because state law requires braiders to complete at least 1,200 hours of cosmetology training,
New Mexico has some of the most stringent licensing requirements for natural hair braiders in
the country. Advocates also note that braiding hair and bleaching hair are different actions, and
that spending thousands of dollars on coursework that does not relate to the profession is
inefficient.
The New Mexico Attorney General (NMAG) notes:
1
https://www.santafenewmexican.com/news/local_news/hair-braiders-rally-at-roundhouse-for-repeal-of-licensure-
requirements/article_c151b63e-e819-11ef-8278-cbec3758a029.html House Bill 281 – Page 3
HB281’s proposes to add the provision, “A license shall not be suspended, revoked, or
denied for hair braiding without being licensed for barbering, cosmetology or hairstyling
license prior to July 1, 2025,” is unclear. It appears, given the bill’s title, that the
legislative intent may be to prohibit disciplinary action against an individual for hair
braiding without being licensed. However, the provision’s wording creates contradiction
and unclarity.
PERFORMANCE IMPLICATIONS
NMAG notes:
As drafted, HB281 would require the New Mexico Department of Justice (NMDOJ) to
provide additional prosecution of licensing violations and defense of the Barbers and
Cosmetology Board (the “Board”) decisions, which may impact the agency’s other
performance-based targets without additional resources.
ADMINISTRATIVE IMPLICATIONS
NMAG notes:
HB281 would add prosecutorial jurisdiction and responsibility to the NMAG and could
require additional attorney and staff resources. NMAG is required under NMSA 1978,
Section 8-5-2 to “prosecute and defend all actions and proceedings brought by or against
any … board or commission”. As proposed HB28’s licensing requirements are subject to
the “Board as established in NMSA 1978, Section 61-17A-1 to -25. This Board handles
licensing and the NMDOJ is obligated to prosecute and defend matters for the Board.
OTHER SUBSTANT IVE ISSUES
RLD notes:
Even though eyebrow threading is currently exempt from licensing, eyebrow threading
must be performed in a licensed establishment, regulated by the board. See § 61-17A-2
(G) of the act. This allows the board to inspect the establishment to ensure that public
health and safety measures are in place, including sanitation, disinfecting, and other
measures to avoid cross-contamination, In HB281, the hair braiding exception to
licensure does not require hair braiding to only occur in a licensed establishment, making
it impossible to inspect a hair-braiding-only establishment to ensure that the practice is
done in line with public health and safety regulations.
NM/hg/sgs