Senate Bill S5114

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5114
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2021
                                ___________
 
 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  defining
   natural hair braiding and threading, and exempting natural hair braid-
   ing and threading from certain licensing requirements

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 400 of the general  business  law,
 as  amended  by  chapter 343 of the laws of 1998, is amended and two new
 subdivisions 5-a and 5-b are added to read as follows:
   5. The practice of "natural hair styling" means providing for  a  fee,
 or any consideration or exchange, whether direct or indirect, any of the
 following  services to the hair of a human being: shampooing, arranging,
 OR dressing[, twisting, wrapping, weaving, extending, locking or  braid-
 ing]  the  hair  or  beard by either hand or mechanical appliances. Such
 practice shall not include cutting, shaving or trimming hair except that
 such activities are permissible to the extent that such  activities  are
 incidental  to the practice of natural hair styling. Such practice shall
 not include the application of dyes, reactive chemicals, or other prepa-
 rations to alter the color or to straighten, curl, or alter  the  struc-
 ture of the hair. [Techniques which result in tension on hair roots such
 as  certain  types of braiding, weaving, wrapping, locking and extending
 of the hair may only be performed by a natural hair styling or cosmetol-
 ogy licensee who has successfully completed an approved course of  study
 in such techniques.]
   5-A.  THE  PRACTICE  OF  "NATURAL HAIR BRAIDING" MEANS PROVIDING FOR A
 FEE, OR ANY CONSIDERATION OR EXCHANGE, WHETHER DIRECT OR  INDIRECT,  ANY
 OF THE FOLLOWING SERVICES TO THE HAIR OF A HUMAN BEING:  TWISTING, WRAP-
 PING,  WEAVING,  EXTENDING,  LOCKING,  OR  BRAIDING HAIR BY HAND OR WITH
 MECHANICAL DEVICES, INCLUDING  CLIPS,  COMBS,  CROCHET  HOOKS,  CURLERS,
 CURLING   IRONS,  HAIRPINS,  ROLLERS,  SCISSORS,  BLUNT-TIPPED  NEEDLES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05857-01-1

 S. 5114                             2
 
 THREAD, AND HAIR BINDERS. NATURAL HAIR  BRAIDING  INCLUDES  THE  USE  OF
 NATURAL  OR  SYNTHETIC  HAIR  EXTENSIONS,  NATURAL OR SYNTHETIC HAIR AND
 FIBERS, DECORATIVE BEADS, AND OTHER HAIR ACCESSORIES; MINOR TRIMMING  OF
 NATURAL  HAIR OR HAIR EXTENSIONS INCIDENTAL TO TWISTING, WRAPPING, WEAV-
 ING, EXTENDING, LOCKING, OR BRAIDING  HAIR;  THE  MAKING  OF  WIGS  FROM
 NATURAL HAIR, NATURAL FIBERS, SYNTHETIC FIBERS, AND HAIR EXTENSIONS; AND
 THE  USE  OF  TOPICAL  AGENTS  SUCH AS CONDITIONERS, GELS, MOISTURIZERS,
 OILS, POMADES, AND SHAMPOOS IN CONJUNCTION WITH PERFORMING THE  PRACTICE
 OF  NATURAL  HAIR  BRAIDING.  NATURAL HAIR BRAIDING IS COMMONLY KNOWN AS
 "AFRICAN-STYLE HAIR BRAIDING" BUT  IS  NOT  LIMITED  TO  ANY  PARTICULAR
 CULTURAL,  ETHNIC,  RACIAL,  OR  RELIGIOUS FORMS OF HAIR STYLES. NATURAL
 HAIR BRAIDING IS DISTINCT FROM THE PRACTICE OF COSMETOLOGY  AND  NATURAL
 HAIR  STYLING. NATURAL HAIR BRAIDING DOES NOT INCLUDE THE APPLICATION OF
 DYES, REACTIVE CHEMICALS, OR OTHER PREPARATIONS TO ALTER  THE  COLOR  OF
 THE  HAIR OR TO STRAIGHTEN, CURL, OR ALTER THE STRUCTURE OF THE HAIR; OR
 THE USE OF CHEMICAL HAIR JOINING AGENTS SUCH AS SYNTHETIC TAPE,  KERATIN
 BONDS, OR FUSION BONDS.
   5-B.  THE PRACTICE OF "THREADING" MEANS A METHOD OF REMOVING HAIR FROM
 THE EYEBROWS, UPPER LIP, OR OTHER BODY PARTS BY USING COTTON  THREAD  TO
 PULL  HAIR  FROM  FOLLICLES.  THREADING MAY INCLUDE THE USE OF OVER-THE-
 COUNTER ASTRINGENTS, GELS AND POWDERS, AND THE USE OF TWEEZERS AND SCIS-
 SORS INCIDENTAL TO THREADING. SUCH PRACTICE SHALL NOT INCLUDE THE USE OF
 CHEMICALS, HEAT OR ANY TYPE OF WAX.
   § 2. Section 416 of the general business law is amended  by  adding  a
 new subdivision 3 to read as follows:
   3.  THIS  ARTICLE  SHALL  NOT  APPLY  TO THE PRACTICES OF NATURAL HAIR
 BRAIDING OR THREADING.
   § 3. This act shall take effect immediately.