A07296 Summary:

BILL NOA07296
 
SAME ASNo Same As
 
SPONSORStirpe
 
COSPNSR
 
MLTSPNSR
 
Amd 401, 403 & 406, rpld 406 sub 2 e, Gen Bus L
 
Relates to licensing requirements to own, control or operate an appearance enhancement business; provides that no person shall be required to have a license to engage in the practice of nail specialty, waxing, natural hair styling, esthetics or cosmetology as a requirement to receive an appearance enhancement business license; requires a training and examination in order to receive an appearance enhancement business license.
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A07296 Actions:

BILL NOA07296
 
05/17/2023referred to economic development
01/03/2024referred to economic development
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A07296 Committee Votes:

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A07296 Floor Votes:

There are no votes for this bill in this legislative session.
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A07296 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7296
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2023
                                       ___________
 
        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Economic Development
 
        AN  ACT  to  amend  the  general  business law, in relation to licensing
          requirements to own, control  or  operate  an  appearance  enhancement
          business; and to repeal certain provisions of such law relating there-
          to

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 401 of the general  business  law,
     2  as  added  by  chapter  509  of  the laws of 1992, is amended to read as
     3  follows:
     4    2. No person shall own, control or operate, whether as a sole proprie-
     5  tor, partner, shareholder,  officer,  independent  contractor  or  other
     6  person,  an  appearance  enhancement  business without having received a
     7  license for such business in the manner provided  in  this  article.  No
     8  person  shall be required to receive a license to engage in the practice
     9  of nail specialty, waxing, natural hair styling, esthetics or cosmetolo-
    10  gy, as defined in section four hundred of this article, as a requirement
    11  to receive a license to own, control or operate an  appearance  enhance-
    12  ment  business;  provided,  however,  no  person that owns, controls, or
    13  operates such business shall engage in the practice of  nail  specialty,
    14  waxing,  natural  hair  styling, esthetics or cosmetology, as defined in
    15  section four hundred of this article, without having received a  license
    16  to engage in such practice in the manner prescribed in this article.
    17    §  2.  Section  403 of the general business law is amended by adding a
    18  new subdivision 3-a to read as follows:
    19    3-a. a. No later than ninety days after the  effective  date  of  this
    20  subdivision,  the advisory committee shall develop educational materials
    21  and a curriculum for a two hour in-person professional training  and  an
    22  exam  which applicants must pass to receive a license to own, control or
    23  operate an appearance enhancement business. The cost of the training and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10773-02-3

        A. 7296                             2
 
     1  examination required pursuant to this subdivision shall  be  covered  by
     2  the  applicant.  Such  training  shall  educate  owners and operators on
     3  health and safety rules and regulations in order to protect the  health,
     4  safety and welfare of the public and employees working within an appear-
     5  ance  enhancement business. Educational materials shall contain, but are
     6  not limited to:
     7    i. information about health hazards within the workplace;
     8    ii. a list of side effects from extended exposure to chemicals used;
     9    iii. proper procedures to reduce health risks if a person  inhales  or
    10  comes into physical contact with chemicals used; and
    11    iv.  relevant  local,  state  and  federal  laws  and provisions to be
    12  followed by such owners and operators.
    13    b. The training for owners and operators  required  pursuant  to  this
    14  subdivision shall be conducted by organizations that are approved by the
    15  secretary  to offer a course and have significant experience in training
    16  appearance enhancement business owners and operators on health and safe-
    17  ty regulations. The advisory committee shall establish criteria that  an
    18  organization shall meet to administer such training and qualifying exam-
    19  ination.  The  secretary  shall  maintain  a publicly accessible list of
    20  approved training organizations no later than one  hundred  twenty  days
    21  after the effective date of this subdivision.
    22    §  3. Paragraph e of subdivision 2 of section 406 of the general busi-
    23  ness law is REPEALED.
    24    § 4. Subdivision 3 of section 406  of  the  general  business  law  is
    25  amended by adding a new paragraph c to read as follows:
    26    c.  Each  such  application  shall also be accompanied by satisfactory
    27  evidence of having taken the training and passed the  appropriate  exam-
    28  ination offered by an approved organization pursuant to this article. An
    29  approved  organization  shall notify the department of the results of an
    30  applicant's examination within one week of an applicant's completion  of
    31  the training and examination required pursuant to this article.
    32    §  5.  This  act shall take effect on the ninetieth day after it shall
    33  have become a law. Effective immediately, the addition, amendment and/or
    34  repeal of any rule or regulation necessary  for  the  implementation  of
    35  this  act  on its effective date are authorized to be made and completed
    36  on or before such effective date.
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