S T A T E O F N E W Y O R K
________________________________________________________________________
9249
2009-2010 Regular Sessions
I N A S S E M B L Y
November 9, 2009
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Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law and the state finance law, in
relation to the establishment of a board of licensing and regulations
for the purpose of enforcing rules and regulations pertaining to sani-
tary conditions and procedures required to be maintained by appearance
enhancement businesses and the creation of the board of licensing and
regulations account
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
402-a to read as follows:
S 402-A. BOARD OF LICENSING AND REGULATIONS. 1. THERE SHALL BE ESTAB-
LISHED WITHIN THE DEPARTMENT A BOARD OF LICENSING AND REGULATIONS WHICH
SHALL CONSIST OF SEVEN MEMBERS APPOINTED BY THE SECRETARY OF STATE. THE
SECRETARY SHALL DESIGNATE FROM AMONG THE MEMBERS OF THE BOARD A CHAIR-
PERSON WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY.
2. THE BOARD SHALL OVERSEE THE ENFORCEMENT OF THIS ARTICLE AND ANY
RULES AND REGULATIONS PROMULGATED BY THE SECRETARY PURSUANT TO THIS
ARTICLE, PERTAINING TO THE SANITARY CONDITIONS AND PROCEDURES REQUIRED
TO BE MAINTAINED BY APPEARANCE ENHANCEMENT BUSINESSES IN NEW YORK STATE.
3. (A) THE BOARD SHALL IMPOSE AND COLLECT FINES FROM APPEARANCE
ENHANCEMENT BUSINESSES FOUND TO BE IN VIOLATION OF THIS ARTICLE OR FOUND
TO BE IN VIOLATION OF RULES OR REGULATIONS PERTAINING TO SANITARY CONDI-
TIONS AND PROCEDURES.
(B) THERE SHALL BE IMPOSED A FINE OF TWO HUNDRED FIFTY DOLLARS FOR THE
FIRST OFFENSE; FIVE HUNDRED DOLLARS FOR A SECOND OFFENSE AND ONE THOU-
SAND DOLLARS FOR A THIRD OFFENSE OF ANY RULE OR REGULATION PERTAINING TO
SANITARY CONDITIONS AND PROCEDURES. ANY ADDITIONAL VIOLATIONS SHALL
RESULT IN THE LOSS OF THE APPEARANCE ENHANCEMENT BUSINESS LICENSE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14753-01-9
A. 9249 2
4. THE BOARD ESTABLISHED PURSUANT TO THIS SECTION SHALL WORK IN
CONJUNCTION WITH THE ADVISORY COMMITTEE ESTABLISHED BY SECTION FOUR
HUNDRED THREE OF THIS ARTICLE.
5. ALL MONEYS DERIVED FROM THIS SECTION SHALL BE DEPOSITED TO THE
CREDIT OF THE BOARD OF LICENSING AND REGULATIONS ACCOUNT ESTABLISHED
PURSUANT TO SECTION NINETY-SEVEN-J OF THE STATE FINANCE LAW.
6. THE SECRETARY SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
EFFECTUATE THE PURPOSE OF THIS SECTION.
S 2. The state finance law is amended by adding a new section 97-j to
read as follows:
S 97-J. BOARD OF LICENSING AND REGULATIONS ACCOUNT. 1. THERE IS HERE-
BY ESTABLISHED WITHIN THE MISCELLANEOUS SPECIAL REVENUE FUND IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE AN ACCOUNT TO BE KNOWN AS THE "BOARD OF LICENSING AND REGU-
LATIONS ACCOUNT".
2. THE BOARD OF LICENSING AND REGULATIONS ACCOUNT SHALL CONSIST OF ALL
MONIES COLLECTED BY THE DEPARTMENT OF STATE FROM FINES COLLECTED PURSU-
ANT TO SECTION FOUR HUNDRED TWO-A OF THE GENERAL BUSINESS LAW.
3. MONIES WITHIN THE BOARD OF LICENSING AND REGULATIONS ACCOUNT SHALL
BE AVAILABLE TO THE DEPARTMENT OF STATE FOR THE IMPLEMENTATION, OPERA-
TION AND ENFORCEMENT OF SECTION FOUR HUNDRED TWO-A OF THE GENERAL BUSI-
NESS LAW.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.