Bill Text: NY S06194 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to abolishing several commissions, committees, boards and panels, including the empire state plaza art commission, the interagency coordinating committee on rural public transportation, the armored cars advisory board, the appearance enhancement advisory committee, the plant industry advisory committee, the manufactured housing advisory council; the New York state collectable series panel and the child performer advisory board to prevent eating disorders; relates to rules and regulations for nail specialty, natural hair styling, aesthetics and cosmetology.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-06-20 - referred to governmental operations [S06194 Detail]
Download: New_York-2011-S06194-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6194--B I N S E N A T E January 12, 2012 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the arts and cultural affairs law, in relation to works of art in the empire state plaza; to amend the agriculture and markets law, in relation to plans, policies and programs for the prevention and control of disease in trees and plants; to amend the transporta- tion law, in relation to abolishing the interagency coordinating committee on rural public transportation; to amend the general busi- ness law, in relation to abolishing the armored cars advisory board; to amend the public health law, in relation to abolishing the funeral directing advisory board; to amend the general business law, in relation to abolishing the appearance enhancement advisory committee; to amend the executive law, in relation to abolishing the manufactured housing advisory council; to repeal section 74-a of the state law, relating to the New York state collectable series panel; to repeal article 4 of the arts and cultural affairs law, relating to the empire state plaza art commission; to repeal certain provisions of the gener- al business law, relating to the appearance enhancement advisory committee; to repeal certain provisions of the executive law, relating to the manufactured housing advisory council; to repeal sections 169-c and 169-d of the agriculture and markets law, relating to the plant and apiary industry advisory committees; to repeal certain provisions of the transportation law, relating to the interagency coordinating committee on rural public transportation; to repeal certain provisions of the public health law, relating to the state camp safety advisory council and the funeral directing advisory board; and to repeal section 154 of the labor law, relating to the child performer advisory board to prevent eating disorders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11286-07-2 S. 6194--B 2 1 Section 1. Section 74-a of the state law is REPEALED. 2 S 2. Section 57.03 of the arts and cultural affairs law is amended by 3 adding a new subdivision 7 to read as follows: 4 7. (A) TO MAKE RECOMMENDATIONS TO STATE AGENCIES REGARDING THE CUSTO- 5 DY, DISPLAY, CONSERVATION, PRESERVATION AND MAINTENANCE OF WORKS OF ART 6 IN THE EMPIRE STATE PLAZA UNDER THE JURISDICTION OF SUCH AGENCIES; 7 (B) TO APPRAISE AND CATALOGUE WORKS OF ART IN THE EMPIRE STATE PLAZA; 8 (C) TO ADVISE AND ASSIST STATE AGENCIES IN THE PREPARATION AND 9 DISTRIBUTION OF PUBLICATIONS BY SUCH AGENCIES; 10 (D) TO MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE AND THE 11 COMMISSIONER OF GENERAL SERVICES REGARDING THE PURCHASE OF WORKS OF ART 12 FOR DISPLAY AT THE EMPIRE STATE PLAZA; 13 (E) TO SOLICIT AND ACQUIRE BY GIFT, GRANT OR LOAN SUCH WORKS OF ART 14 FOR DISPLAY AT THE EMPIRE STATE PLAZA AS IT DEEMS TO BE IN THE BEST 15 INTERESTS OF THE PEOPLE OF THE STATE; 16 (F) TO ENTER INTO SUCH CONTRACTS AS MAY BE NECESSARY OR APPROPRIATE 17 FOR THE PERFORMANCE OF THE FUNCTIONS VESTED IN IT BY THIS ARTICLE; 18 (G) TO RENDER SUCH ASSISTANCE AS THE LEGISLATURE OR EITHER HOUSE THER- 19 EOF MAY REQUEST WITH RESPECT TO THE LEGISLATIVE OFFICE BUILDING AND 20 OTHER OFFICES AND FACILITIES OF THE LEGISLATURE IN THE EMPIRE STATE 21 PLAZA; 22 (H) TO RENDER SUCH ASSISTANCE AS THE COMMISSIONER OF EDUCATION MAY 23 REQUEST WITH RESPECT TO THE CULTURAL EDUCATION CENTER; 24 (I) TO SOLICIT AND ACCEPT GIFTS, CONTRIBUTIONS AND BEQUEST OF FUNDS 25 FROM INDIVIDUALS, FOUNDATIONS, CORPORATIONS AND OTHER ORGANIZATIONS OR 26 INSTITUTIONS FOR PURPOSES OF THE COMMISSION. ALL FUNDS FROM SUCH GIFTS, 27 CONTRIBUTIONS AND BEQUESTS SHALL BE DEPOSITED IN A STATE FIDUCIARY FUND, 28 EXPENDITURES FROM WHICH SHALL BE LIMITED TO THE PURPOSES SET FORTH IN 29 THIS ARTICLE; 30 (J) TO ESTABLISH A PROGRAM, IN CONSULTATION WITH THE COMMISSIONER OF 31 GENERAL SERVICES, FOR THE PROMOTION OF THE EMPIRE STATE PLAZA ART 32 COLLECTION TO THE PUBLIC THROUGH SUCH MEANS AS DETERMINED TO BE APPRO- 33 PRIATE, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL SEMINARS, REMOTE 34 EXHIBITIONS, SPECIAL EVENTS AND THE SALE OF SOUVENIRS OR MEMENTOS 35 RELATED TO THE COLLECTION. ALL RECEIPTS FROM PROMOTIONAL EFFORTS SHALL 36 BE DEPOSITED IN A STATE FIDUCIARY FUND, EXPENDITURES FROM WHICH SHALL BE 37 LIMITED TO THE PURPOSES SET FORTH IN THIS ARTICLE; AND 38 (K) TO APPOINT A CURATOR AND ASSOCIATED EMPLOYEES, PRESCRIBE POWERS 39 AND DUTIES OF THE CURATOR, AND SHALL FIX HIS OR HER COMPENSATION WITHIN 40 THE AMOUNTS APPROPRIATED THEREFOR. 41 S 3. Article 4 of the arts and cultural affairs law is REPEALED. 42 S 4. Section 16 of the agriculture and markets law is amended by 43 adding a new subdivision 45 to read as follows: 44 45. WHEN CONSIDERING PLANS, POLICIES AND PROGRAMS PURSUANT TO ARTICLE 45 FOURTEEN OF THIS CHAPTER, THE COMMISSIONER SHALL CONSULT WITH THE APIARY 46 INDUSTRY, INCLUDING, BUT NOT LIMITED TO COMMERCIAL AND PART-TIME 47 BEE-KEEPERS, HORTICULTURE OR VEGETABLE GROWERS, THE CORNELL COOPERATIVE 48 EXTENSION AND THE PLANT INDUSTRY. 49 S 5. Sections 169-c and 169-d of the agriculture and markets law are 50 REPEALED. 51 S 6. Subdivision 3 of section 73-c of the transportation law is 52 REPEALED. 53 S 7. Section 73-d of the transportation law is REPEALED. 54 S 8. Subdivision 2 and the opening paragraph of subdivision 5 of 55 section 73-e of the transportation law, as amended by chapter 562 of the S. 6194--B 3 1 laws of 1987, are amended and a new subdivision 6 is added to read as 2 follows: 3 2. Eligible expenses and services. The department shall[, in consul- 4 tation with the interagency coordinating committee on rural public 5 transportation,] define and determine the categories or types of 6 expenses or services that will be eligible for financial assistance. 7 Public transportation services funded under this article should be 8 designed to maximize usage by the public, including transportation 9 disadvantaged persons. Rail, air, water, freight, emergency medical, 10 charter or tour transportation services shall not be eligible for 11 assistance provided by this article. No payment of financial assistance 12 under this section shall be made for any expenses incurred by a rural 13 county or its subcontractors prior to the date it receives written 14 notice from the commissioner that it shall be awarded a grant under this 15 article. 16 Coordination of federal, state, local and private aid; report. The 17 department may compile and maintain current information on available and 18 pending federal, state, local and private aid affecting coordinated 19 public transportation services in rural counties. The department may 20 request and shall be entitled to receive information from state or local 21 agencies regarding the amount of federal, state and local aid received 22 by public and private nonprofit organizations providing or contracting 23 for transportation services and the purpose for which the aid is 24 received. The commissioner may[, in consultation with the interagency 25 coordinating committee on rural public transportation,] use the follow- 26 ing criteria to recommend policies to the governor and the legislature 27 that would or could promote compliance with the purposes of this subdi- 28 vision: 29 6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT WITH 30 THE OFFICE FOR THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE 31 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; AND THE DEPARTMENTS OF 32 LABOR, HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE 33 STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR YOUTH AND REPRESEN- 34 TATION OF CONSUMERS AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL 35 COUNTIES. 36 S 9. Subdivision 1 of section 73-h of the transportation law, as 37 amended by chapter 562 of the laws of 1987, is amended to read as 38 follows: 39 1. For those rural counties having an approved and implemented coordi- 40 nated public transportation service plan which has maintained existing 41 levels of funding used for transportation by the coordinated service and 42 has documented the need for additional operating aid, the commissioner 43 may[, in consultation with the interagency coordinating committee on 44 rural public transportation,] grant up to twenty-five thousand dollars 45 per year for operating aid for up to five successive years, subject to 46 annual appropriations to be included in the state budget. Such aid may 47 be extended annually when the county or operator of the coordinated 48 public transportation service has adequately demonstrated the need for 49 such continued aid and that criteria for continuing aid established by 50 rules issued by the commissioner have been met. 51 S 10. Subdivisions 6, 14 and 15 of section 73-j of the transportation 52 law, subdivision 6 as amended by chapter 562 of the laws of 1987 and 53 subdivisions 14 and 15 as amended by chapter 659 of the laws of 1989, 54 are amended to read as follows: 55 6. Except as provided for in section seventy-three-g of this article, 56 a rural county's apportionment of funds made available in accordance S. 6194--B 4 1 with this article may be used for capital, operating and or administra- 2 tive assistance to provide rural public transportation. The commission- 3 er[, in consultation with the interagency coordinating committee on 4 rural public transportation,] may award other grants for operating and 5 capital expenses. 6 14. Notwithstanding any other provisions of this article to the 7 contrary, no application for financial assistance made pursuant to 8 section seventy-three-g of this article shall be awarded by the commis- 9 sioner for less than fifty-five thousand dollars or for less than the 10 amount requested unless the commissioner shall, in writing, prior to 11 making the award, each year certify the reasons why such applicant was 12 awarded less than fifty-five thousand dollars or an amount less than 13 requested. Such certification, including the reasons for such action, 14 shall be sent to the applicant, [the interagency coordinating committee 15 on rural public transportation,] the secretary of the senate finance 16 committee, the secretary of the assembly ways and means committee, the 17 director of the office of rural affairs and the director of the legisla- 18 tive commission on the development of rural resources. 19 15. Notwithstanding any other provisions of this article to the 20 contrary, no grant for operating aid, as authorized by section seventy- 21 three-h of this article, shall be made by the commissioner to any county 22 for less than thirty-five thousand dollars in any one year unless the 23 commissioner shall, in writing, prior to making the grant, each year 24 certify the reasons why such county was awarded less than thirty-five 25 thousand dollars. Such certification including the reasons for such 26 action shall be sent to such county, [the interagency coordinating 27 committee on rural public transportation,] the secretary of the senate 28 finance committee, the secretary of the assembly ways and means commit- 29 tee, the director of the office of rural affairs and the director of the 30 legislative commission on the development of rural resources. 31 S 11. Section 73-p of the transportation law, as added by chapter 895 32 of the laws of 1986, is amended to read as follows: 33 S 73-p. Department report. Commencing December thirty-first, nineteen 34 hundred eighty-seven, the department[, in cooperation with the state 35 interagency coordinating committee on rural public transportation,] 36 shall prepare and submit to the governor and the legislature a report on 37 or before the first day of January of each year, which shall include 38 information relating to the operation of coordinated public transporta- 39 tion services in rural counties then being funded under this article and 40 any recommendations for overall program improvement; stating the 41 receipts and disbursements made during the preceding fiscal year and 42 adequacy of programs financed by federal, state, local and private aid 43 in rural counties of the state. The department shall analyze the 44 programs financed in accordance with this article and recommend methods 45 of avoiding duplication and increasing the efficacy of programs 46 financed. The department shall receive comments from the officers and 47 agents of affected state and local government units relative to the 48 department's analysis. 49 S 12. Subdivision 13 of section 89-ppp of the general business law, as 50 added by chapter 557 of the laws of 1997, is amended to read as follows: 51 13. "Qualified firearms training course" means a minimum forty-seven 52 hour firearms training course for armored car guards that is specific 53 and germane to the armored car carrier industry, recognized by the divi- 54 sion in consultation with the [board] ARMORED CAR CARRIER INDUSTRY AND 55 THE NEW YORK ARMORED CAR ASSOCIATION, INC. S. 6194--B 5 1 S 13. Subdivision 4 of section 89-sss of the general business law, as 2 added by chapter 557 of the laws of 1997, is amended to read as follows: 3 4. The commissioner[, upon the recommendation and with the general 4 advice of the board,] shall waive the training requirements specified in 5 subdivision one of this section, with respect to applicants employed by 6 armored car carriers, if the applicant provides appropriate documenta- 7 tion to demonstrate that he or she was or is subject to training 8 requirements which meet or exceed the requirements established pursuant 9 to such subdivision. 10 S 14. Section 89-yyy of the general business law, as added by chapter 11 557 of the laws of 1997, is amended to read as follows: 12 S 89-yyy. Regulations. The secretary and commissioner, in consultation 13 with the [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW YORK ARMORED 14 CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate 15 rules and regulations necessary for the proper conduct of the business 16 authorized under this article, and not inconsistent herewith. 17 S 15. Section 1390 of the public health law is REPEALED. 18 S 16. Subdivision 1 of section 3401 of the public health law is 19 amended to read as follows: 20 1. The commissioner may, from time to time, make and adopt such rules 21 and regulations not inconsistent with law as may be necessary (a) in the 22 performance of his duties and in the administration of the provisions of 23 this article; and (b) to govern and regulate the conduct and transaction 24 of the business and practice of funeral directing, undertaking and 25 embalming. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS TITLE AND 26 REVISING REGULATIONS, CONSULT WITH THE REPRESENTATIVES OF CONSUMER 27 INTERESTS, LICENSED FUNERAL DIRECTORS, UNDERTAKERS OR EMBALMERS, AND 28 CEMETERY CORPORATIONS. 29 S 17. Section 3402 of the public health law is REPEALED. 30 S 18. Subdivision 5 of section 402 of the general business law, as 31 added by chapter 509 of the laws of 1992, is amended to read as follows: 32 5. Adopt such rules and regulations not inconsistent with the 33 provisions of this article, as may be necessary with respect to the form 34 and content of applications for licenses, the reception thereof, the 35 investigation and examination of applicants and of prospective appli- 36 cants taking examinations and their qualifications, and the other 37 matters incidental or appropriate to the powers and duties of the secre- 38 tary as prescribed by this article and for the proper administration and 39 enforcement of the provisions of this article. THE SECRETARY SHALL, IN 40 IMPLEMENTING THIS TITLE AND REVISING REGULATIONS, CONSULT WITH PERSONS 41 ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING, 42 AESTHETICS, COSMETOLOGY, IN TRAINING OF PERSONS FOR SUCH PRACTICES, AND 43 LICENSED DERMATOLOGISTS. 44 S 19. Section 403 of the general business law is REPEALED. 45 S 20. Section 404 of the general business law, as amended by chapter 46 341 of the laws of 1998, is amended to read as follows: 47 S 404. Rules and regulations. The secretary shall promulgate rules and 48 regulations which establish standards for practice and operation by 49 licensees under this article in order to ensure the health, safety and 50 welfare of the public. Such rules and regulations shall include, but not 51 be limited to, the sanitary conditions and procedures required to be 52 maintained, a minimum standard of training appropriate to the duties of 53 nail specialists, waxers, natural hair stylists, estheticians, and 54 cosmetologists and the provision of service by nail specialists, waxers, 55 natural hair stylists, estheticians or cosmetologists at remote 56 locations other than the licensee's home provided that such practitioner S. 6194--B 6 1 holds an appearance enhancement business license to operate at a fixed 2 location or is employed by the holder of an appearance enhancement busi- 3 ness license. Regulations setting forth the educational requirements for 4 nail specialists shall include education in the area of causes of 5 infection and bacteriology. In promulgating such rules and regulations 6 the secretary shall consult with the state education department, [the 7 advisory committee established pursuant to this article,] any other 8 state agencies and private industry representatives as may be appropri- 9 ate in determining minimum training requirements. 10 S 21. Subdivision 14 of section 601 of the executive law is REPEALED. 11 S 22. Subdivision 12 of section 604 of the executive law, as added by 12 chapter 729 of the laws of 2005, is amended and a new subdivision 13 is 13 added to read as follows: 14 12. To create and maintain a consumer awareness pamphlet[, in conjunc- 15 tion with the advisory council,] to include, but not be limited to, 16 detailing the certification process, installer selection rights, the 17 dispute resolution process, the differences between the types of hous- 18 ing, and other consumer protection issues. Such pamphlet shall be avail- 19 able to the public, and published on the department's website. 20 13. THE SECRETARY SHALL, IN IMPLEMENTING THIS ARTICLE AND REVISING 21 REGULATIONS, CONSULT WITH INSTALLERS, PARK RESIDENCE ADVOCACY ASSOCI- 22 ATIONS, RETAILERS, AND MANUFACTURED HOME INDUSTRY TRADE ASSOCIATIONS, 23 MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING 24 ISSUES, CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED HOUSING 25 ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS. 26 S 23. Sections 611 and 612 of the executive law are REPEALED. 27 S 24. Section 154 of the labor law is REPEALED. 28 S 25. This act shall take effect immediately.