NY State Senate Bill 2019-S96

Senate Bill S96

2019-2020 Legislative Session

Relates to offering domestic violence and sexual assault awareness education to persons engaged in the practice of nail specialty, waxing, natural hair styling, esthetics or cosmetology

download bill text pdf

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
Jan 09, 2019	referred to consumer protection

2019-S96 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §408-b, amd §409, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: S5816

2019-S96 (ACTIVE) - Summary

Relates to offering domestic violence and sexual assault awareness education to persons engaged in the practice of nail specialty, waxing, natural hair styling, esthetics or cosmetology.

2019-S96 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S96

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

 
PURPOSE:

To expand awareness of domestic violence and sexual assault and to add a
new opportunity for victims to be connected to counseling services, safe
housing and, where warranted, access to protections and criminal justice
services.

 
SUMMARY OF PROVISIONS:

Section 1 requires the Department of State to work with the Education
Department to ensure the availability of training for all licensees and
those applying for license renewal. It also requires the issuance of a
certificate of completion to those participating and shields the licen-

see from civil and criminal liability for acting upon or not acting upon
information shared with them regarding domestic abuse and sexual
assault.

Section 2 provides for a 10% discount on the licensing/renewal fee when
proof of completion of the course is provided with such renewal or
initial license.

 
JUSTIFICATION:

This is not a mandated program for persons licensed in this field. The
provisions in this bill seek to add an additional pathway for victims of
domestic and sexual assault to be recognized, understood and encouraged
to seek help. The regular patronization of salon services is a common
denominator among the vast majority of victims of these crimes. This is
consistent across all socio-economic situations, age, and ethnicity.

The professionals who deliver these services frequently have a good
rapport with their customers, a basis of trust has often been estab-
lished, and the salon itself can be viewed a safe haven for many
victims. Offering education and training to stylists presents a unique
opportunity to combat domestic and sexual assault and can ultimately
prevent the escalation of a potentially tragic situation.

A 10% reduction in licensing and renewal fees for any applicant who has
completed the course is included in the bill.

 
LEGISLATIVE HISTORY:

S.5816- 2017/2018

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
On the 180th day after it becomes law.

2019-S96 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    96
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 offering domes-
   tic violence and sexual assault awareness education to persons engaged
   in the practice of  nail  specialty,  waxing,  natural  hair  styling,
   esthetics or cosmetology
 
   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
 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 AT LEAST ANNUALLY. THE DEPARTMENT, IN CONSULTA-
 TION WITH THE DEPARTMENT OF EDUCATION, SHALL PROMULGATE RULES AND  REGU-
 LATIONS  REGARDING DOMESTIC VIOLENCE AND SEXUAL ASSAULT AWARENESS EDUCA-
 TION COURSES AND PROVIDERS.
   2. THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF COMPLETION TO AN APPLI-
 CANT FOR A LICENSE OR RENEWAL OF A LICENSE PURSUANT TO THIS ARTICLE UPON
 SATISFACTORY PROOF THAT THE APPLICANT HAS COMPLETED AT LEAST ONE HOUR OF
 DOMESTIC VIOLENCE AND SEXUAL ASSAULT AWARENESS EDUCATION.
   3. 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.
   § 2. Section 409 of the general business law is amended  by  adding  a
 new subdivision 9 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03421-01-9

 S. 96                               2
 
   9. THE FEE FOR AN APPLICATION FOR A LICENSE OR RENEWAL OF A LICENSE TO
 ENGAGE  IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING,
 ESTHETICS OR COSMETOLOGY SHALL BE  REDUCED  BY  TEN  PERCENT  WHEN  SUCH
 APPLICATION  IS  ACCOMPANIED  BY  A CERTIFICATE INDICATING COMPLETION OF
 DOMESTIC VIOLENCE AND SEXUAL ASSAULT AWARENESS EDUCATION ISSUED PURSUANT
 TO SECTION FOUR HUNDRED EIGHT-B OF THIS ARTICLE.
   § 3. 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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