senate Bill S3453

Requires massage therapists to include license numbers in advertising

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires massage therapists to include license numbers in advertising.

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Bill Details

Versions:
S3453
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง396-b, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
A10266

Sponsor Memo

BILL NUMBER:S3453

TITLE OF BILL: An act to amend the general business law, in relation to
requiring massage therapists to include license numbers in advertising

PURPOSE OR GENERAL IDEA OF BILL: To ensure that any individual, firm,
Corporation, association, or agent or employee thereof who advertises,
circulates or places before the public their advertisements, is indeed a
licensed dealer in the field.

SUMMARY OF SPECIFIC PROVISIONS: Section 396-b of the general business
law, as added by chapter 1031 of the laws of 1965 is amended so that
every individual, firm, corporation or association, or agent or employee
would now include their license numbers in any advertisement that they
either directly or indirectly publish or circulate before the public.

JUSTIFICATION: This legislation is another critical step towards ending
sex trafficking in New York. By requiring ads for massages and body rubs
to include their license number, we can affirm that an individual, firm,
or corporation is a legitimate provider of services. This legislation
does not apply a heavy burden on business, but will be integral in
combating sex trafficking. Currently, plumbers and contractors have to
provide their license numbers on such advertisements.

PRIOR LEGISLATIVE HISTORY: This bill was previously introduced in the
Assembly.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it
becomes law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3453

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general  business  law,  in  relation  to  requiring
  massage therapists to include license numbers in advertising

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 396-b of the general  business  law,  as  added  by
chapter 1031 of the laws of 1965, is amended to read as follows:
  S  396-b. Advertisements.  1. Any person, firm, corporation or associ-
ation, or agent or employee thereof,  hereinafter  called  person,  who,
being  engaged  in  the  business  of  dealing  in  any property, makes,
publishes, disseminates, circulates or places before the public or caus-
es, directly or indirectly, to be made, published, disseminated,  circu-
lated  or  placed  before  the  public, in this state, any advertisement
respecting any such property,  in  any  newspaper,  magazine,  or  other
publication,  or over any radio station or television station, unless it
is stated in any such advertisement that the advertiser is a  dealer  in
such  property or from the context of any such advertisement, it plainly
appears that such person is a dealer in such  property  so  offered  for
sale  in  any  such  advertisement;  or when placing or causing any such
advertisement to appear in any newspaper, magazine or other  publication
or  radio  or  television  station  as  described  in  this  section, if
requested by the publisher of any  such  newspaper,  magazine  or  other
publication  or owner or operator of such radio or television station or
any agent or representative thereof to file with such owner or operator,
publisher, agent or representative thereof his true name, or where he is
transacting business under a name other than the true name  pursuant  to
law,  then  the  name  under which such business is transacted, and each
business address wherein any business is transacted by him, in the class
of property advertised or to be advertised for sale in  such  advertise-
ment,  shall  make any false statement in relation to any of such items;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02960-01-3

S. 3453                             2

or if requested by the publisher of  any  such  newspaper,  magazine  or
other  publication  or  owner  or  operator  of such radio or television
station or any agent or representative thereof to file with such  owner,
operator, publisher, agent or representative thereof a statement showing
whether  he  is  causing  such advertisement to appear or is offering to
make such sale or disposition or transaction, as herein  set  forth,  as
principal or agent, and if as agent, to set forth such information as is
specified  in  this  section, in relation to his principal as well as in
relation to himself, shall make any false statement in relation  to  any
of such items; is guilty of a misdemeanor.
  2.  ANY PERSON SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED FIFTY-
FIVE OF THE EDUCATION LAW AND  ENGAGED  IN  THE  BUSINESS  OF  PROVIDING
MASSAGE THERAPY, WHO MAKES, PUBLISHES, DISSEMINATES, CIRCULATES OR PLAC-
ES  BEFORE  THE  PUBLIC  OR  CAUSES, DIRECTLY OR INDIRECTLY, TO BE MADE,
PUBLISHED, DISSEMINATED, CIRCULATED OR PLACED BEFORE THE PUBLIC IN  THIS
STATE,  IN  ANY NEWSPAPER, MAGAZINE, OR OTHER PUBLICATION, AN ADVERTISE-
MENT RESPECTING SUCH MASSAGE SERVICES, SHALL INCLUDE IN SUCH  ADVERTISE-
MENT HIS OR HER LICENSE NUMBER.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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