S T A T E O F N E W Y O R K ________________________________________________________________________ 6194--C Cal. No. 613 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 -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report, and to be reprinted as amended, retaining its place in the order of second report 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 funeral directing advisory board; and to repeal section 154 of the labor law, relating to the child performer advisory board to prevent eating disorders EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11286-08-2 S. 6194--C 2 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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. S. 6194--C 3 1 S 8. Subdivision 2 and the opening paragraph of subdivision 5 of 2 section 73-e of the transportation law, as amended by chapter 562 of the 3 laws of 1987, are amended and a new subdivision 6 is added to read as 4 follows: 5 2. Eligible expenses and services. The department shall[, in consul- 6 tation with the interagency coordinating committee on rural public 7 transportation,] define and determine the categories or types of 8 expenses or services that will be eligible for financial assistance. 9 Public transportation services funded under this article should be 10 designed to maximize usage by the public, including transportation 11 disadvantaged persons. Rail, air, water, freight, emergency medical, 12 charter or tour transportation services shall not be eligible for 13 assistance provided by this article. No payment of financial assistance 14 under this section shall be made for any expenses incurred by a rural 15 county or its subcontractors prior to the date it receives written 16 notice from the commissioner that it shall be awarded a grant under this 17 article. 18 Coordination of federal, state, local and private aid; report. The 19 department may compile and maintain current information on available and 20 pending federal, state, local and private aid affecting coordinated 21 public transportation services in rural counties. The department may 22 request and shall be entitled to receive information from state or local 23 agencies regarding the amount of federal, state and local aid received 24 by public and private nonprofit organizations providing or contracting 25 for transportation services and the purpose for which the aid is 26 received. The commissioner may[, in consultation with the interagency 27 coordinating committee on rural public transportation,] use the follow- 28 ing criteria to recommend policies to the governor and the legislature 29 that would or could promote compliance with the purposes of this subdi- 30 vision: 31 6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT WITH 32 THE OFFICE FOR THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE 33 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; AND THE DEPARTMENTS OF 34 LABOR, HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE 35 STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR YOUTH AND REPRESEN- 36 TATION OF CONSUMERS AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL 37 COUNTIES. 38 S 9. Subdivision 1 of section 73-h of the transportation law, as 39 amended by chapter 562 of the laws of 1987, is amended to read as 40 follows: 41 1. For those rural counties having an approved and implemented coordi- 42 nated public transportation service plan which has maintained existing 43 levels of funding used for transportation by the coordinated service and 44 has documented the need for additional operating aid, the commissioner 45 may[, in consultation with the interagency coordinating committee on 46 rural public transportation,] grant up to twenty-five thousand dollars 47 per year for operating aid for up to five successive years, subject to 48 annual appropriations to be included in the state budget. Such aid may 49 be extended annually when the county or operator of the coordinated 50 public transportation service has adequately demonstrated the need for 51 such continued aid and that criteria for continuing aid established by 52 rules issued by the commissioner have been met. 53 S 10. Subdivisions 6, 14 and 15 of section 73-j of the transportation 54 law, subdivision 6 as amended by chapter 562 of the laws of 1987 and 55 subdivisions 14 and 15 as amended by chapter 659 of the laws of 1989, 56 are amended to read as follows: S. 6194--C 4 1 6. Except as provided for in section seventy-three-g of this article, 2 a rural county's apportionment of funds made available in accordance 3 with this article may be used for capital, operating and or administra- 4 tive assistance to provide rural public transportation. The commission- 5 er[, in consultation with the interagency coordinating committee on 6 rural public transportation,] may award other grants for operating and 7 capital expenses. 8 14. Notwithstanding any other provisions of this article to the 9 contrary, no application for financial assistance made pursuant to 10 section seventy-three-g of this article shall be awarded by the commis- 11 sioner for less than fifty-five thousand dollars or for less than the 12 amount requested unless the commissioner shall, in writing, prior to 13 making the award, each year certify the reasons why such applicant was 14 awarded less than fifty-five thousand dollars or an amount less than 15 requested. Such certification, including the reasons for such action, 16 shall be sent to the applicant, [the interagency coordinating committee 17 on rural public transportation,] the secretary of the senate finance 18 committee, the secretary of the assembly ways and means committee, the 19 director of the office of rural affairs and the director of the legisla- 20 tive commission on the development of rural resources. 21 15. Notwithstanding any other provisions of this article to the 22 contrary, no grant for operating aid, as authorized by section seventy- 23 three-h of this article, shall be made by the commissioner to any county 24 for less than thirty-five thousand dollars in any one year unless the 25 commissioner shall, in writing, prior to making the grant, each year 26 certify the reasons why such county was awarded less than thirty-five 27 thousand dollars. Such certification including the reasons for such 28 action shall be sent to such county, [the interagency coordinating 29 committee on rural public transportation,] the secretary of the senate 30 finance committee, the secretary of the assembly ways and means commit- 31 tee, the director of the office of rural affairs and the director of the 32 legislative commission on the development of rural resources. 33 S 11. Section 73-p of the transportation law, as added by chapter 895 34 of the laws of 1986, is amended to read as follows: 35 S 73-p. Department report. Commencing December thirty-first, nineteen 36 hundred eighty-seven, the department[, in cooperation with the state 37 interagency coordinating committee on rural public transportation,] 38 shall prepare and submit to the governor and the legislature a report on 39 or before the first day of January of each year, which shall include 40 information relating to the operation of coordinated public transporta- 41 tion services in rural counties then being funded under this article and 42 any recommendations for overall program improvement; stating the 43 receipts and disbursements made during the preceding fiscal year and 44 adequacy of programs financed by federal, state, local and private aid 45 in rural counties of the state. The department shall analyze the 46 programs financed in accordance with this article and recommend methods 47 of avoiding duplication and increasing the efficacy of programs 48 financed. The department shall receive comments from the officers and 49 agents of affected state and local government units relative to the 50 department's analysis. 51 S 12. Subdivision 13 of section 89-ppp of the general business law, as 52 added by chapter 557 of the laws of 1997, is amended to read as follows: 53 13. "Qualified firearms training course" means a minimum forty-seven 54 hour firearms training course for armored car guards that is specific 55 and germane to the armored car carrier industry, recognized by the divi- S. 6194--C 5 1 sion in consultation with the [board] ARMORED CAR CARRIER INDUSTRY AND 2 THE NEW YORK ARMORED CAR ASSOCIATION, INC. 3 S 13. Subdivision 4 of section 89-sss of the general business law, as 4 added by chapter 557 of the laws of 1997, is amended to read as follows: 5 4. The commissioner[, upon the recommendation and with the general 6 advice of the board,] shall waive the training requirements specified in 7 subdivision one of this section, with respect to applicants employed by 8 armored car carriers, if the applicant provides appropriate documenta- 9 tion to demonstrate that he or she was or is subject to training 10 requirements which meet or exceed the requirements established pursuant 11 to such subdivision. 12 S 14. Section 89-yyy of the general business law, as added by chapter 13 557 of the laws of 1997, is amended to read as follows: 14 S 89-yyy. Regulations. The secretary and commissioner, in consultation 15 with the [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW YORK ARMORED 16 CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate 17 rules and regulations necessary for the proper conduct of the business 18 authorized under this article, and not inconsistent herewith. 19 S 15. Subdivision 1 of section 3401 of the public health law is 20 amended to read as follows: 21 1. The commissioner may, from time to time, make and adopt such rules 22 and regulations not inconsistent with law as may be necessary (a) in the 23 performance of his duties and in the administration of the provisions of 24 this article; and (b) to govern and regulate the conduct and transaction 25 of the business and practice of funeral directing, undertaking and 26 embalming. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS TITLE AND 27 REVISING REGULATIONS, CONSULT WITH THE REPRESENTATIVES OF CONSUMER 28 INTERESTS, LICENSED FUNERAL DIRECTORS, UNDERTAKERS OR EMBALMERS, AND 29 CEMETERY CORPORATIONS. 30 S 16. Section 3402 of the public health law is REPEALED. 31 S 17. Subdivision 5 of section 402 of the general business law, as 32 added by chapter 509 of the laws of 1992, is amended to read as follows: 33 5. Adopt such rules and regulations not inconsistent with the 34 provisions of this article, as may be necessary with respect to the form 35 and content of applications for licenses, the reception thereof, the 36 investigation and examination of applicants and of prospective appli- 37 cants taking examinations and their qualifications, and the other 38 matters incidental or appropriate to the powers and duties of the secre- 39 tary as prescribed by this article and for the proper administration and 40 enforcement of the provisions of this article. THE SECRETARY SHALL, IN 41 IMPLEMENTING THIS TITLE AND REVISING REGULATIONS, CONSULT WITH PERSONS 42 ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING, 43 AESTHETICS, COSMETOLOGY, IN TRAINING OF PERSONS FOR SUCH PRACTICES, AND 44 LICENSED DERMATOLOGISTS. 45 S 18. Section 403 of the general business law is REPEALED. 46 S 19. Section 404 of the general business law, as amended by chapter 47 341 of the laws of 1998, is amended to read as follows: 48 S 404. Rules and regulations. The secretary shall promulgate rules and 49 regulations which establish standards for practice and operation by 50 licensees under this article in order to ensure the health, safety and 51 welfare of the public. Such rules and regulations shall include, but not 52 be limited to, the sanitary conditions and procedures required to be 53 maintained, a minimum standard of training appropriate to the duties of 54 nail specialists, waxers, natural hair stylists, estheticians, and 55 cosmetologists and the provision of service by nail specialists, waxers, 56 natural hair stylists, estheticians or cosmetologists at remote S. 6194--C 6 1 locations other than the licensee's home provided that such practitioner 2 holds an appearance enhancement business license to operate at a fixed 3 location or is employed by the holder of an appearance enhancement busi- 4 ness license. Regulations setting forth the educational requirements for 5 nail specialists shall include education in the area of causes of 6 infection and bacteriology. In promulgating such rules and regulations 7 the secretary shall consult with the state education department, [the 8 advisory committee established pursuant to this article,] any other 9 state agencies and private industry representatives as may be appropri- 10 ate in determining minimum training requirements. 11 S 20. Subdivision 14 of section 601 of the executive law is REPEALED. 12 S 21. Subdivision 12 of section 604 of the executive law, as added by 13 chapter 729 of the laws of 2005, is amended and a new subdivision 13 is 14 added to read as follows: 15 12. To create and maintain a consumer awareness pamphlet[, in conjunc- 16 tion with the advisory council,] to include, but not be limited to, 17 detailing the certification process, installer selection rights, the 18 dispute resolution process, the differences between the types of hous- 19 ing, and other consumer protection issues. Such pamphlet shall be avail- 20 able to the public, and published on the department's website. 21 13. THE SECRETARY SHALL, IN IMPLEMENTING THIS ARTICLE AND REVISING 22 REGULATIONS, CONSULT WITH INSTALLERS, PARK RESIDENCE ADVOCACY ASSOCI- 23 ATIONS, RETAILERS, AND MANUFACTURED HOME INDUSTRY TRADE ASSOCIATIONS, 24 MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING 25 ISSUES, CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED HOUSING 26 ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS. 27 S 22. Sections 611 and 612 of the executive law are REPEALED. 28 S 23. Section 154 of the labor law is REPEALED. 29 S 24. This act shall take effect immediately.