African-style hair braiders who practice their craft without the use of chemicals would no longer have to be licensed by the state under a bill sent to Governor Napolitano.

The measure, S1159, won final approval Sept. 12 in the Senate on a 28-0 vote. Jeanine L’Ecuyer, spokeswoman for Ms. Napolitano, said April 13 the governor was still looking at the bill and hadn’t yet decided whether to sign it.

Tim Keller, an attorney with the Phoenix chapter of the Institute for Justice, said of the bill’s progress: “The entrepreneurial spirit is obviously alive and well in the Arizona Legislature. The governor now has an opportunity to strike a significant blow for economic liberty.”

Mr. Keller represents Glendale resident Essence Farmer in a lawsuit filed Dec. 8, 2003, against the Arizona Board of Cosmetology, which regulates barbers and hair stylists.

Ms. Farmer objected to having to meet the licensing requirement for 1,600 hours of instruction — none of which, Ms. Farmer said, includes any lessons on African hair braiding. The course work for licensing can cost as much as $10,000, Ms. Farmer said.

“In the name of protecting public health and safety, the Board of Cosmetology licenses people to braid hair who have no experience in braiding, yet it forbids others who are proficient from pursuing that trade,” Mr. Keller said last winter. “Government regulations that exceed legitimate public health and safety objectives are cutting off the bottom rungs of the economic ladder.”

Hair braiding involves braiding, locking and weaving hair in styles handed down through African-American traditions, Ms. Farmer said. The styles do not use any chemicals, which are a large part of the instruction for a general cosmetology license, she said.

S1159 began its legislative life as a bill to bring mobile hair cutting salons, operated out of vans, under the regulation of the state Board of Cosmetology. Rep. Deb Gullett, R-11, offered the floor amendment that would exempt hair braiders from having to be licensed.

Mr. Keller said he hadn’t heard from the Governor’s Office whether she intends to sign the legislation, but he has heard from lawmakers who say Ms. Napolitano doesn’t appear to have any objections to the measure.

Mr. Keller and the Rev. Oscar Tillman, president of the Maricopa County chapter of the National Association for the Advancement of Colored People, the week of April 12 sent a letter to Ms. Napolitano urging her to sign S1159. —