Relates to authorizing the secretary of state to order the cessation of unlicensed appearance enhancement activity and to register trainees in the practice of nail specialty

Summary of provisions

Section one of the bill would amend section 400 of the General Business Law to set forth a definition of "trainee" as someone who is in good faith pursuing a course of study in the practice of nail specialty under the tutelage and supervision of a licensee.

Section two of the bill would amend subdivision 1 of section 401 of the General Business Law to assure that no person can act as a trainee or perform a service without having first registered with the Department.

Section three of the bill would amend section 404 of the General Business Law to provide the Secretary explicit statutory authority to promulgate rules and regulations to protect the health, safety and welfare of appearance enhancement practitioners.

Section four of the bill would amend section 404-b of the General Business Law to require appearance enhancement businesses to provide gloves and masks to nail salon employees.

Section five of the bill would amend subdivision 2 of section 405 of the General Business Law to authorize the Secretary to require a bond and liability insurance.

Section six of the bill would amend subdivision 1 of section 406 of the General Business Law to allow the granting of a license to practice nail specialty to a trainee after he or she has been actively engaged in an apprenticeship for a period of one year, taken a course of study set forth by the Secretary and passed an examination. All other educational requirements of the statute would be waived.

Section seven of the bill would add a new section 408-a of the General Business Law to set forth requirements and restrictions related to trainees.

Section eight of the bill would amend section 409 of the General Business Law to add an application fee of $20 for registration of a trainee.

Section nine of the bill would amend subdivision 1 of section 410 of the General Business Law to make conforming changes related to disciplinary actions taken by the Secretary with regard to trainees.

Section ten of the bill would amend subdivision 2 of section 410 of the General Business Law to authorize the Secretary to issue immediate orders directing cessation of unlicensed activity.

Section 11 of the bill would amend subdivisions 1 and 2 of section 411 of the General Business Law to make conforming changes related to denial of an application for trainee registration.

Section 12 of the bill would amend section 412 of the General Business Law to set forth an alternate civil penalty scheme for unlicensed operation of an appearance enhancement business.

Section 13 of the bill would establish an immediate effective date.

Justification

Many nail salon employees endure unsafe working conditions and unfair labor practices. Inadequate ventilation, lack of personal protective equipment, non-payment of wages, nonexistent worker's compensation coverage, missing business liability insurance, and the unlicensed operation of facilities jeopardize the health and safety of employees and patrons alike.

The situation demands immediate action; however, existing statutes impede the State's ability to act swiftly in order to protect the public and provide employee justice.

This bill would provide the Secretary of State the necessary tools to take immediate action-to order the cessation of unlicensed or uninsured business activities and to impose meaningful fines on intentional bad actors. It would also provide a critical new path to employment through an apprenticeship trainee program in lieu of often prohibitively high cost education programs.

Prior legislative history

New bill.

Fiscal implications

Revenue derived from increased statutory compliance would offset any costs associated with this bill.

Effective date

This act shall take effect immediately.