to zeeded during the growing season for a crop. Pursuant Z16 of this chapter, the department may issue an emergency for the construction and operation of such replacement act shall take effect immediately. CHAPTER 508 handi AN ACT to amend the vehicle and traffic law, in relation to allowing law Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 1203-c of the vehicle and traffic law is amended by adding a new subdivision 6 to read as follows: 6. Notwithstanding any other state or local law to the contrary, a state, county or municipal law enforcement officer seeking to enforce subdivision four of this section, may enter onto the parking lot of any shopping center or facility as described in subdivision one of this section or any other parking lot as described in the state fire prevention and building code, which is required to contain accessible and designated parking spaces for people with disabilities, regardless of the existence or absence of any state or local law or rule otherwise permitting or restricting such access for such law enforcement officer. 2. This act shall take effect immediately. AN ACT CHAPTER 509 (See REPEAL NOTE at end of Chapter.) to amend the general business law, in relation to the licensing of the practice of nail specialty, natural hair styling, esthetics and cosmetology and to repeal article 27 of such law relating thereto Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative intent. The legislature finds that the appearance enhancement industry has evolved to provide for many specialized services which were not anticipated when article 27 of the general business law was enacted in 1946 to regulate hairdressers and cosmetologists. The present law requiring extensive education and testing which emphasized hairstyling techniques places an unnecessary, time consuming, and expensive burden on those who wish to study and practice only an unrelated specialty within the appearance enhancement industry. The legislature further finds that the original purpose of article 27 of the general business law, to protect the health and safety of the consumers of the services of the appearance enhancement industry, remains valid today. The appearance enhancement industry involves close personal contact between providers of the service and the consumer, as well as the use of chemicals, appliances and equipment which have the potential to cause severe injury. Consumers seeking the services of the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law appearance enhancement industry are entrusting their health and safety as well as their appearance to those who hold themselves out as capable of providing a wide variety of appearance enhancement services and products. The legislature further finds that the purpose of this article is to provide a system of licensure requiring adequate levels of training, examinations which test the fitness to perform licensed activities, and adequate health and safety requirements for licensees and appearance enhancement businesses, in order to protect the health, safety and general welfare of the consumer. a The legislature further finds that the appearance enhancement industry constitutes a major contributor to the state's economy, offering important employment opportunity in a much needed service industry. It is an industry composed of several identifiable specialties, each providing specific service to the consumer. Accordingly, it is the purpose of this article to foster employment opportunities in the appearance enhancement industry and to insure a reasonable degree of technical proficiency in the particular specialties of that industry, by establishing a system of job training and examinations which is designed to address each particular specialty. It is further the purpose of this article to provide a system of licensure of appearance enhancement businesses to allow the greatest possible flexibility in the establishment of such a business Consistent with the protection of the consumer, through adequate requirements for health and safety standards and for financial responsibility. The legislature further finds that innovations in the last forty years have broadened the methods available for providing safe and sanitary conditions in the appearance enhancement industry, removing the necessity to restrict the provisions of services to fixed premises. Accordingly, it is the further purpose of this act to provide a system of licensure of appearance enhancement businesses, whether or not conducted at a fixed location, in order to protect the consumer, allow variety in the setting in which services are provided and enhance competition. § 2. Article 27 of the general business law is repealed. §3. The general business law is amended by adding a new article 27 to read as follows: ARTICLE 27 LICENSING OF NAIL SPECIALTY, NATURAL HAIR STYLING, Section 400. Definitions. 401. License required. 402. Powers of the secretary of state. 403. Advisory committee. 404. Rules and regulations. 405. Appearance enhancement business license; requirements. license. 407. Examinations. procedure; requirements; 408. Licenses; display; renewal; duplicates. 409. Fees. 410. Administration. 411. Denial of license; complaints; notice of hearing. 412. Civil penalties. 413. Judicial review. 414. Official acts used as evidence. 415. Disposition of moneys. 416. Application of article. temporary § 400. Definitions. As used in this article, unless the context requires otherwise: 1. "Secretary" means the secretary of state. 2. "Person" means an individual, firm, company, partnership or corporation. 3. "Licensee" means a person licensed pursuant to this article to engage in the practice of natural hair styling, esthetics, nail specialty or cosmetology, or to operate an appearance enhancement business in which such practice, as herein defined, is provided to the public. 4. The practice of "nail specialty" means providing services for a fee or any consideration or exchange to cut, shape or to enhance the appear 1 5091 ance of the application or any con to not the ha nails of the hands or feet. Nail specialty shall include the limited ting, hair or tion twi ir, sting, wrapping, head, face, neck or scalp of a human being, including but to shampooing, arranging, dressing, shaving, trimming, cutbeard by either hand or mechanical appliances and weaving, extending, locking or braiding the of antiseptics, powders, oil, clays, lotions or applying tonics to the hair, head, or scalp. Such practice shall not include tion be the applicathe of dyes, applicareactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair. Techwhich result niques in tension on hair roots such as certain types of braiding, weaving, wrapping, locking and extending of the hair may only performed by a natural hair styling or cosmetology licensee who has successfully completed an approved course of study in such techniques. 6. The practice of "esthetics" means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, and shoulders of a human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and instruments but shall not include the practice of electrology. 7. The practice of "cosmetology" means providing the services described in subdivisions four, five and six of this section, and in addition includes providing, for a fee or any consideration or exchange, whether direct or indirect, services for the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair of a human being. 8. "Appearance enhancement business" means the business of providing any or all of the services licensed pursuant to this article at a fixed location. 9. "Department" means the department of state. § 401. License required. 1. No person shall engage in the practice of nail specialty, natural hair styling, esthetics or cosmetology, as defined in section four hundred of this article, without having received a license to engage in such practice in the manner prescribed in this article. 2. No person shall own, control or operate, whether as a sole proprietor, partner, shareholder, officer, independent contractor or other person, an appearance enhancement business without having received a license for such business in the manner provided in this article. 3. A person licensed by any other state or country to practice nail specialty, natural hair styling, esthetics or cosmetology shall be allowed to practice in New York state for three months or less within any calendar year for the purpose of giving to, or receiving from, persons who are licensed under this article training in current styles, techniques or materials, provided however, that no such unlicensed person may provide services to the public for any fee, or other compensation, whether direct or indirect. $402. Powers of the secretary of state. In addition to the powers and duties elsewhere prescribed in this article, the secretary shall have power to: 1. Appoint a sufficient number of assistants, inspectors and other employees as may be necessary to carry out the provisions of this article, to prescribe their duties, and to fix their compensation within the amount appropriated therefor; 2. Examine the qualifications and fitness of applicants for licenses and prospective applicants taking examinations under this article; 3. Keep records of all licenses issued, suspended or revoked, or orders directing the cessation of unlicensed activities; 4. Prepare a manual of rules and regulations for the conduct of examinations and to furnish copies thereof to persons desiring the same upon payment of a reasonable fee therefor; and 5. Adopt such rules and regulations not inconsistent with the provisions of this article, as may be necessary with respect to the form and content of applications for licenses, the reception thereof, the investigation and examination of applicants and of prospective applicants taking examinations and their qualifications, and the other matters inEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law cidental or appropriate to the powers and duties of the secretary as prescribed by this article and for the proper administration and enforcement of the provisions of this article. § 403. Advisory committee. 1. There shall be established within the department an advisory committee which shall consist of nine members broadly representative of the appearance enhancement industry, including one person engaged in the practice of nail specialty, two persons engaged in natural hair styling, one of whom shall be knowledgeable in the practice of styling techniques which place tension on the hair roots, one person engaged in esthetics, two persons engaged in cosmetology, two persons engaged in training of persons for such practices, and one person licensed as a dermatologist. The secretary shall appoint such persons to serve on the advisory committee, provided, that two shall be appointed by the secretary on the recommendation of the temporary president of the senate and two shall be appointed by the secretary on the recommendation of the speaker of the assembly. Each member of the committee shall be appointed for terms of two years. Any member may be reappointed for additional terms. The secretary shall designate from among the members of the committee a chairperson who shall serve at the pleasure of the secretary. 2. The advisory committee shall meet no less than three times each year. 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 professional education or curriculum, the advisory committee shall, to the extent practicable, consult with the state education department. 4. The secretary shall designate an employee of the department to act as secretary of the advisory committee, and shall provide such advisory committee such stenographic or other assistance as may be necessary. 5. Members of the advisory committee shall receive no compensation but shall be entitled to actual and necessary traveling and other expenses while engaged in the performance_of such member's duties hereunder. § 404. Rules and regulations. The secretary shall promulgate rules and regulations which establish standards for practice and operation by licensees under this article in order to ensure the health, safety and welfare of the public. Such rules and regulations shall include, but not be limited to, the sanitary conditions and procedures required to be maintained, a minimum standard of training appropriate to the duties of nail specialists, natural hair stylists, estheticians, and cosmetologists and the provision of service by nail specialists, natural hair stylists, estheticians or cosmetologists at remote locations other than the licensee's home provided that such practitioner holds an appearance enhancement business license to operate at a fixed location or is_employed by the holder of an appearance enhancement business license. Regulations setting forth the educational requirements for nail specialists shall include education in the area of causes of infection and bacteriology. In promulgating such rules and regulations the secretary shall consult with the state education department, the advisory committee established pursuant to this article, any other state agencies and private industry representatives as may be appropriate in determining minimum training requirements. § 405. Appearance enhancement business license; requirements. 1. Any person who receives an appearance enhancement business license shall operate such business at the location named in the license and in accordance with the rules and regulations promulgated by the secretary pursuant to section four hundred four of this article. Any or all of the practices regulated by this article may be provided under one appearance enhancement business license so long as each practitioner is an appropriate licensee. 2. An appearance enhancement business licensee shall file and maintain during the term of the license evidence of a bond or liability insurance. § 406. License application; procedure; requirements; temporary license. 1. a. Any person intending to practice nail specialty, natural hair styling, esthetics or cosmetology as defined in this article, or to own or operate an appearance enhancement business, shall first make plication to the secretary for a license therefor. ap b. Such application shall be in a form and manner prescribed by the secretary and shall contain such information as, in the secretary's judgment, is reasonable and necessary to determine the qualifications and fitness for licensing of the applicant. C. Each under penal d. prescribed e. Each by licensed Phys freedom rom shall have ing of the ing. a. Any retary for lication shall be subscribed by the applicant and affirmed application shall be accompanied by a certificate of a duly person seventeen years of age or older may apply to the sec- esthetics or cosmetology. b. Each such application shall also be accompanied by satisfactory course evidence of having taken and passed the appropriate examination or examinations offered by the secretary pursuant to this article for the license sought and evidence of the successful completion of an approved of study in nail specialty, natural hair styling, esthetics or cosmetology in a school duly licensed pursuant to the education law. C. Any applicant for a license to practice nail specialty, natural hair styling, esthetics or cosmetology may submit satisfactory evidence of licensure to practice an equivalent occupation issued by any other state, territory, protectorate or dependency of the United States or any other country in lieu of the evidence of schooling and examination required by this subdivision, provided that such license was granted in compliance with standards which were, in the judgment of the secretary, not lower than those of this state and provided that such state, territory, protectorate, dependency, or country extends similar reciprocity to the licensees of this state or the applicant practiced an equivalent Occupation in such state, territory, protectorate, dependency or country for a minimum of five years. d. Notwithstanding the educational requirements of this section and the testing requirements of this section, an applicant who otherwise has met the licensing requirements of this article for a nail specialist, natural hair stylist, esthetician or cosmetologist who shall provide satisfactory evidence he or she has been actively and continuously engaged in the practice of nail specialty, natural hair styling, esthetics or cosmetology for at least two years prior to the effective date of this article, may be issued a license for nail specialty, natural hair styling, esthetics or cosmetology pursuant to this article. Notwithstanding the educational and testing requirements of this section, person licensed to practice barbering under article twenty-eight of this chapter who otherwise has met the licensing requirements of this article may be issued a license to practice natural hairstyling. Other than applicants licensed under article twenty-eight of this chapter, those persons who apply, after a twelve month period from the effective date of this article will be required to provide evidence of training and to take the examination or examinations as required for other licenses pursuant to this article. e. Upon acceptance by the secretary of a proper application for an operator's license to practice nail speciality, natural hair styling, esthetics or cosmetology, the secretary may issue a temporary operator's license which shall expire six months from issuance. Upon good cause shown, the secretary may renew a temporary operator's license for one additional six-month period upon filing the appropriate application and fee. 3. Appearance enhancement business license. a. Any person, eighteen years of age or older, or any firm, company, partnership or corporation having at least one member eighteen years of age or older may apply to the secretary for an appearance enhancement business license. insurance. b. Each such application for an appearance enhancement business license shall be accompanied by evidence of a bond or liability 4. a. Notwithstanding any provision contained in this article to the contrary, if any person, eligible for any license pursuant to this article, should be called to active military service at or during the time application for any license is required to be filed and license fee paid, pursuant to the provisions of this article, the period within which said application may be filed and license fee may be paid, is exEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law a |