NY State Senate Bill 2017-S9028A

Senate Bill S9028A

2017-2018 Legislative Session

Requires domestic violence and sexual assault awareness education for persons engaged in the practice of nail specialty, waxing, natural hair styling, esthetics and cosmetology

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	print number 9028a
Jun 18, 2018	amend and recommit to rules
Jun 14, 2018	referred to rules

Bill Amendments

Original

A (Active)

2017-S9028 - Details

See Assembly Version of this Bill:: A6576
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §§403 & 408, add §408-b, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S6307, A57

2017-S9028 - Summary

Requires domestic violence and sexual assault awareness education for persons engaged in the practice of nail specialty, waxing, natural hair styling, esthetics and cosmetology and establishes such education programs.

2017-S9028 - Sponsor Memo

                                
 
BILL NUMBER: S9028

SPONSOR: PHILLIPS
 
TITLE OF BILL:  An act to amend the general business law, in relation
to requiring domestic violence and sexual assault awareness education
for persons engaged in the practice of nail specialty, waxing, natural
hair styling, esthetics and cosmetology

 
PURPOSE:

This bill requires all prospective appearance enhancement professionals
to complete a one-hour training course in domestic violence and sexual
assault education and allows current professionals the option to take
the course during license renewal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision I of section 406 of the general business
law by adding a new paragraph.

Section two amends subdivision 6 of section 408 of the general business

law, as amended by section 1 of part Y of chapter 60 of the laws of
2011.

Section three amends the general business law by adding a new section
408-b. Section four sets forth the effective date.

 
JUSTIFICATION:

In the United States, nearly 20 individuals experience physical domestic
abuse per minute. Domestic abusers and those who commit sexual assault
heavily monitor the whereabouts and daily interactions of their partners
as a way to control their victim. However, most domestic abuse and sexu-
al assault victims are not monitored during trips to beauty salons.
Those in the beauty industry, such as hair stylists, nail specialists,
and other cosmetologists, build close relationships with their clients
through routine visits. These relationships may result in the disclosure
of personal information from clients, as their stylist serves as a
neutral party.

This bill would require all prospective appearance enhancement profes-
sionals to complete a one-hour training course in domestic violence and
sexual assault and give current professionals the option to take the
course upon license renewal. This course would provide instruction on
how to help victims in dangerous situations and provide them with the
appropriate resources to seek help. This training would not require
reports of incidents to law enforcement, but rather provide education
and increased awareness to appearance enhancement professionals.

As the epidemic of domestic violence and sexual assault persists, it is
imperative that New York find creative ways to effectively address the
issue. To date, a similar bill has become law in Illinois. This bill
will empower victims to seek help and escape the cycle of abuse without
fear of detrimental repercussions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S9028 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9028
 
                             I N  S E N A T E
 
                               June 14, 2018
                                ___________
 
 Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   domestic  violence  and sexual assault awareness education for persons
   engaged in the practice of nail specialty, waxing, natural hair  styl-
   ing, esthetics and cosmetology

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 403 of the general  business  law,
 as  amended  by  chapter  339 of the laws of 2017, is amended to read as
 follows:
   3. The advisory committee shall advise the secretary  on  all  matters
 relating  to  this  article,  and on such other matters as the secretary
 shall request. In advising the secretary on matters  concerning  profes-
 sional education or curriculum, inclusive of the maintenance of cultural
 and  ethnic awareness within the prescribed curriculum in regard to hair
 types, including, but not limited to, curl pattern, hair  strand  thick-
 ness,  and  volume  of hair, the advisory committee shall, to the extent
 practicable, consult with the state education department.  THE  ADVISORY
 COMMITTEE IS DIRECTED, IN CONSULTATION WITH THE DEPARTMENT OF STATE, THE
 NEW  YORK  STATE  OFFICE  FOR THE PREVENTION OF DOMESTIC VIOLENCE AND AN
 ADVOCACY GROUP RECOGNIZED BY THE FEDERAL DEPARTMENT OF HEALTH AND  HUMAN
 SERVICES,  WHICH  HAS THE ABILITY TO COORDINATE STATEWIDE AND WITH LOCAL
 COMMUNITIES ON PROGRAMMING AND  EDUCATIONAL  MATERIALS  RELATED  TO  THE
 PREVENTION  AND  INTERVENTION OF DOMESTIC VIOLENCE IN NEW YORK STATE, TO
 DEVELOP, PROVIDE  FOR  AND  INTEGRATE  AWARENESS  TRAINING  ON  DOMESTIC
 VIOLENCE  AND  SEXUAL ASSAULT FOR ALL PROSPECTIVE STUDENTS SEEKING TO BE
 LICENSED UNDER THIS ARTICLE. FURTHER, ON A  VOLUNTARY  BASIS  FOR  THOSE
 SEEKING TO RENEW THEIR LICENSE AS PROVIDED FOR IN THIS ARTICLE TO DEVEL-
 OP  AND PROVIDE ACCESS TO EDUCATIONAL MATERIAL FOR DOMESTIC VIOLENCE AND
 SEXUAL ASSAULT AWARENESS.
   § 2. Subdivision 6 of section 408 of  the  general  business  law,  as
 amended  by  section  1  of part Y of chapter 60 of the laws of 2011, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09816-06-8

 S. 9028                             2
 
   6. Any license, which has not been suspended or revoked, may, upon the
 payment of the renewal fee, be renewed for additional  periods  of  four
 years from its application, without further examination, upon the filing
 of  an  application  for such renewal, on a form to be prescribed by the
 secretary.   WHEN AN APPLICANT SEEKS TO RENEW THEIR LICENSE, THE DEPART-
 MENT SHALL NOTIFY APPLICANTS OF VOLUNTARY DOMESTIC VIOLENCE  AND  SEXUAL
 ASSAULT  AWARENESS  EDUCATION  COURSES  THAT CAN BE ACCESSED THROUGH THE
 DEPARTMENT'S WEBSITE.
   § 3. The general business law is amended by adding a new section 408-b
 to read as follows:
   § 408-B. DOMESTIC VIOLENCE AND SEXUAL ASSAULT AWARENESS EDUCATION.  1.
 THE  DEPARTMENT  SHALL  ENSURE THAT DOMESTIC VIOLENCE AND SEXUAL ASSAULT
 AWARENESS EDUCATION COURSES ARE MADE  AVAILABLE  TO  ALL  LICENSEES  AND
 APPLICANTS  FOR  A  LICENSE OR RENEWAL PURSUANT TO THIS ARTICLE AND THAT
 SUCH COURSES ARE OFFERED THROUGH THE DEPARTMENT'S WEBSITE.  THE  DEPART-
 MENT,  IN  CONSULTATION  WITH  THE OFFICE FOR THE PREVENTION OF DOMESTIC
 VIOLENCE AND AN ADVOCACY GROUP RECOGNIZED BY THE FEDERAL  DEPARTMENT  OF
 HEALTH AND HUMAN SERVICES, WHICH HAS THE ABILITY TO COORDINATE STATEWIDE
 AND  WITH  LOCAL  COMMUNITIES  ON  PROGRAMMING AND EDUCATIONAL MATERIALS
 RELATED TO THE PREVENTION AND INTERVENTION OF DOMESTIC VIOLENCE  IN  NEW
 YORK  STATE,  SHALL  DEVELOP AND PROVIDE ACCESS TO DOMESTIC VIOLENCE AND
 SEXUAL  ASSAULT  AWARENESS  EDUCATION  COURSES  APPROPRIATE  FOR   THOSE
 LICENSED UNDER THIS ARTICLE.
   2.  A  PERSON  LICENSED  UNDER THIS ARTICLE WHO HAS COMPLETED DOMESTIC
 VIOLENCE AND SEXUAL ASSAULT AWARENESS EDUCATION SHALL NOT BE CIVILLY  OR
 CRIMINALLY  LIABLE  FOR ACTING OR FAILING TO ACT ON INFORMATION OBTAINED
 DURING THE COURSE OF EMPLOYMENT CONCERNING POTENTIAL  DOMESTIC  VIOLENCE
 OR SEXUAL ASSAULT.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition 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.

2017-S9028A (ACTIVE) - Details

See Assembly Version of this Bill:: A6576
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §§403 & 408, add §408-b, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S6307, A57

2017-S9028A (ACTIVE) - Summary

2017-S9028A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9028A

SPONSOR: PHILLIPS
 
TITLE OF BILL:  An act to amend the general business law, in relation
to requiring domestic violence and sexual assault awareness education
for persons engaged in the practice of nail specialty, waxing, natural
hair styling, esthetics and cosmetology

 
PURPOSE:

This bill requires all prospective appearance enhancement professionals
to complete a one-hour training course in domestic violence and sexual
assault education and allows current professionals the option to take
the course during license renewal.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision I of section 406 of the general business
law by adding a new paragraph.

Section two amends subdivision 6 of section 408 of the general business

law, as amended by section 1 of part Y of chapter 60 of the laws of
2011.

Section three amends the general business law by adding a new section
408-b. Section four sets forth the effective date.

 
JUSTIFICATION:

In the United States, nearly 20 individuals experience physical domestic
abuse per minute. Domestic abusers and those who commit sexual assault
heavily monitor the whereabouts and daily interactions of their partners
as a way to control their victim. However, most domestic abuse and sexu-
al assault victims are not monitored during trips to beauty salons.
Those in the beauty industry, such as hair stylists, nail specialists,
and other cosmetologists, build close relationships with their clients
through routine visits. These relationships may result in the disclosure
of personal information from clients, as their stylist serves as a
neutral party.

This bill would require all prospective appearance enhancement profes-
sionals to complete a one-hour training course in domestic violence and
sexual assault and give current professionals the option to take the
course upon license renewal. This course would provide instruction on
how to help victims in dangerous situations and provide them with the
appropriate resources to seek help. This training would not require
reports of incidents to law enforcement, but rather provide education
and increased awareness to appearance enhancement professionals.

As the epidemic of domestic violence and sexual assault persists, it is
imperative that New York find creative ways to effectively address the
issue. To date, a similar bill has become law in Illinois. This bill
will empower victims to seek help and escape the cycle of abuse without
fear of detrimental repercussions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S9028A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9028--A
 
                             I N  S E N A T E
 
                               June 14, 2018
                                ___________
 
 Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   domestic violence and sexual assault awareness education  for  persons
   engaged  in the practice of nail specialty, waxing, natural hair styl-
   ing, esthetics and cosmetology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 403 of the general business law,
 as amended by chapter 339 of the laws of 2017, is  amended  to  read  as
 follows:
   3.  The  advisory  committee shall advise the secretary on all matters
 relating to this article, and on such other  matters  as  the  secretary
 shall  request.  In advising the secretary on matters concerning profes-
 sional education or curriculum, inclusive of the maintenance of cultural
 and ethnic awareness within the prescribed curriculum in regard to  hair
 types,  including,  but not limited to, curl pattern, hair strand thick-
 ness, and volume of hair, the advisory committee shall,  to  the  extent
 practicable,  consult with the state education department.  THE ADVISORY
 COMMITTEE IS DIRECTED, IN CONSULTATION WITH THE DEPARTMENT OF STATE, THE
 NEW YORK STATE OFFICE FOR THE PREVENTION OF  DOMESTIC  VIOLENCE  AND  AN
 ADVOCACY  GROUP RECOGNIZED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, WHICH HAS THE ABILITY TO COORDINATE STATEWIDE AND  WITH  LOCAL
 COMMUNITIES  ON  PROGRAMMING  AND  EDUCATIONAL  MATERIALS RELATED TO THE
 PREVENTION AND INTERVENTION OF DOMESTIC VIOLENCE IN NEW YORK  STATE,  TO
 DEVELOP,  PROVIDE  FOR  AND  INTEGRATE  AWARENESS  TRAINING  ON DOMESTIC
 VIOLENCE AND SEXUAL ASSAULT FOR ALL PROSPECTIVE STUDENTS SEEKING  TO  BE
 LICENSED  UNDER  THIS  ARTICLE.  FURTHER, ON A VOLUNTARY BASIS FOR THOSE
 SEEKING TO RENEW THEIR LICENSE AS PROVIDED FOR IN THIS ARTICLE TO DEVEL-
 OP AND PROVIDE ACCESS TO EDUCATIONAL MATERIAL FOR DOMESTIC VIOLENCE  AND
 SEXUAL ASSAULT AWARENESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09816-08-8

 S. 9028--A                          2
 
   §  2.  Subdivision  6  of  section 408 of the general business law, as
 amended by section 1 of part Y of chapter 60 of the  laws  of  2011,  is
 amended to read as follows:
   6. Any license, which has not been suspended or revoked, may, upon the
 payment  of  the  renewal fee, be renewed for additional periods of four
 years from its application, without further examination, upon the filing
 of an application for such renewal, on a form to be  prescribed  by  the
 secretary.   WHEN AN APPLICANT SEEKS TO RENEW THEIR LICENSE, THE DEPART-
 MENT SHALL NOTIFY APPLICANTS OF VOLUNTARY DOMESTIC VIOLENCE  AND  SEXUAL
 ASSAULT  AWARENESS  EDUCATION  COURSES  THAT CAN BE ACCESSED THROUGH THE
 DEPARTMENT'S WEBSITE.
   § 3. The general business law is amended by adding a new section 408-b
 to read as follows:
   § 408-B. DOMESTIC VIOLENCE AND SEXUAL ASSAULT AWARENESS EDUCATION. THE
 DEPARTMENT SHALL ENSURE THAT DOMESTIC VIOLENCE AND SEXUAL ASSAULT AWARE-
 NESS EDUCATION COURSES ARE MADE AVAILABLE TO ALL  LICENSEES  AND  APPLI-
 CANTS  FOR  A  LICENSE OR RENEWAL PURSUANT TO THIS ARTICLE AND THAT SUCH
 COURSES ARE OFFERED THROUGH THE DEPARTMENT'S WEBSITE. THE DEPARTMENT, IN
 CONSULTATION WITH THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AND
 AN ADVOCACY GROUP RECOGNIZED BY THE FEDERAL  DEPARTMENT  OF  HEALTH  AND
 HUMAN  SERVICES,  WHICH HAS THE ABILITY TO COORDINATE STATEWIDE AND WITH
 LOCAL COMMUNITIES ON PROGRAMMING AND EDUCATIONAL  MATERIALS  RELATED  TO
 THE  PREVENTION AND INTERVENTION OF DOMESTIC VIOLENCE IN NEW YORK STATE,
 SHALL DEVELOP AND PROVIDE ACCESS TO DOMESTIC VIOLENCE AND SEXUAL ASSAULT
 AWARENESS EDUCATION COURSES APPROPRIATE FOR THOSE  LICENSED  UNDER  THIS
 ARTICLE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  addition 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.

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