Re-entry Initiative

LAWS OF NEW YORK, 2008
CHAPTER 469

AN ACT to amend the general business law, in relation to the eligibility criteria for a license to barber and practice cosmetology

Became a law August 5, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Paragraph (b) of subdivision 1 of section 434 of the
general business law, as amended by chapter 64 of the laws of 1988, is
amended to read as follows:
(b) Satisfactory evidence of good moral character, except that in
determining an applicant's good moral character, the secretary of state
shall not automatically disqualify an applicant on the basis of a crimi-
nal conviction. The secretary shall review such criminal history infor-
mation in accordance with article twenty-three-A of the correction law;
§ 2. Subdivision 3 of section 438 of the general business law, as
amended by chapter 348 of the laws of 1948, is amended to read as
follows:
3. An applicant for a barber shop owner's license must establish that
he or she is the real owner and possesses title to or is entitled to the
possession of the shop. He or she must furnish satisfactory evidence of
[good moral character,] proper location of the shop, proper layout and
adequate equipment for the shop, sanitary conditions in the shop and its
surroundings. Such applicant must also furnish satisfactory evidence of
good moral character, except that in determining an applicant's good
moral character, the secretary of state shall not automatically disqual-
ify an applicant on the basis of a criminal conviction. The secretary
shall review such criminal history information in accordance with arti-
cle twenty-three-A of the correction law.
§ 3. This act shall take effect immediately.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly