NY State Senate Bill 2019-S5123

Senate Bill S5123

2019-2020 Legislative Session

Requires the disclosure of prices and additional charges at appearance enhancement businesses which practice nail specialty

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Jan 08, 2020	referred to consumer protection
Apr 10, 2019	referred to consumer protection

co-Sponsors

2019-S5123 (ACTIVE) - Details

See Assembly Version of this Bill:: A6855
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §404-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8136, A10238
2021-2022: S187, A5545
2023-2024: S1188, A5224, A6602

2019-S5123 (ACTIVE) - Summary

Requires the disclosure of prices and additional charges at appearance enhancement businesses which practice nail specialty.

2019-S5123 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5123

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the general business law, in relation
to requiring the disclosure of prices and additional charges at appear-
ance enhancement businesses which practice nail speciality

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish conspicuous posting of the
current price of all services provided in nail salons as well as the
posing of additional charges for additional services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 404b of the general business law, as amended by chapter 80 of
the laws of 2015, is amended to read, "and 2. In order to ensure all
customers are aware of any charges or fees for the services they
receive, all owners and operators of appearance enhancement businesses
which practice nail specialty shall: (a) post, at each counter or desk
at which orders are placed, services are provided and /or payment is

made, a list conspicuously displaying the current price of all services
provided. Such price list shall also disclose factors which may cause
the price to be higher than the basic price, and the range of the possi-
ble additional charges when such variables pertain; (b) ensure all
licensees and trainees who work in such businesses inform customers of
any additional charges before per forming services which incur such
additional charges.

 
JUSTIFICATION:

This bill is designed to require appearance enhancement businesses,
specifically nail salons, to conspicuously post a price list of both the
basic and additional services they provide while disclosing the factors
which may cause the price to be higher than the basic price.  Currently,
many nail salons list basic prices but when the technician begins to
work on the customer's nails, the consumer is given additional services
which increases the overall cost without the patron's acknowledgment or
acceptance of the additional services.  This legislation will ensure
that those who patronize nail salon businesses will know what the price
of their services will be prior to receiving the service, thus prevent-
ing any misunderstandings.

 
PRIOR LEGISLATIVE HISTORY:

2019: (Senate) New Bill
2018: A10238

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become
law.

2019-S5123 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5123
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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  the
   disclosure  of prices and additional charges at appearance enhancement
   businesses which practice nail speciality

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  404-b of the general business law, as amended by
 chapter 80 of the laws of 2015, is amended to read as follows:
   § 404-b. Nail specialty; owner responsibilities. In  addition  to  any
 rules  and  regulations  establishing  standards for practices and oper-
 ations by licensees under this article[,]: 1. in  order  to  ensure  the
 health, safety and welfare within appearance enhancement businesses, all
 owners and operators of appearance enhancement businesses which practice
 nail  specialty  shall  make available for use, gloves and facemasks for
 nail speciality licensees and trainees who work in such businesses;  AND
 2. IN ORDER TO ENSURE ALL CUSTOMERS ARE AWARE OF ANY CHARGES OR FEES FOR
 THE  SERVICES  THEY  RECEIVE,  ALL  OWNERS  AND  OPERATORS OF APPEARANCE
 ENHANCEMENT BUSINESSES WHICH PRACTICE NAIL SPECIALITY SHALL:  (A)  POST,
 AT  EACH  COUNTER  OR  DESK  AT  WHICH  ORDERS  ARE PLACED, SERVICES ARE
 PROVIDED AND/OR PAYMENT IS MADE, A  LIST  CONSPICUOUSLY  DISPLAYING  THE
 CURRENT PRICE OF THE BASIC SERVICES PROVIDED. SUCH PRICE LIST SHALL ALSO
 DISCLOSE  FACTORS  WHICH MAY CAUSE THE PRICE TO BE HIGHER THAN THE BASIC
 PRICE, AND THE RANGE OF THE POSSIBLE ADDITIONAL CHARGES WHEN SUCH  VARI-
 ABLES  PERTAIN;  AND  (B)  ENSURE ALL LICENSEES AND TRAINEES WHO WORK IN
 SUCH BUSINESSES  INFORM  CUSTOMERS  OF  ANY  ADDITIONAL  CHARGES  BEFORE
 PERFORMING SERVICES WHICH INCUR SUCH ADDITIONAL CHARGES.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10513-01-9

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Senate Bill S5123

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Sponsored By

Roxanne J. Persaud