senate Bill S6194B

2011-2012 Legislative Session

Relates to abolishing several commissions, committees, boards and panels; repealers

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to governmental operations
delivered to assembly
passed senate
Jun 04, 2012 amended on third reading (t) 6194d
May 02, 2012 advanced to third reading
May 01, 2012 2nd report cal.
amended (t) 6194c
Apr 30, 2012 1st report cal.613
Apr 18, 2012 print number 6194b
amend (t) and recommit to consumer protection
Feb 07, 2012 print number 6194a
amend (t) and recommit to consumer protection
Jan 12, 2012 referred to consumer protection

Votes

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Apr 30, 2012 - Consumer Protection committee Vote

S6194B
6
1
committee
6
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Consumer Protection Committee Vote: Apr 30, 2012

aye wr (3)

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S6194 - Bill Details

Current Committee:
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Rpld §74-a, State L; amd §57.03, rpld Art 4, Arts & Cul L; amd §§89-ppp, 89-sss, 89-yyy, 402 & 404, rpld §403, Gen Bus L; rpld §601 sub 14, §611 & §612, amd §604, Exec L; amd §16, rpld §§169-c & 169-d, Ag & Mkts L; rpld §73-c sub 3, §73-d, amd §§73-e, 73-h, 73-j & 73-p, Transp L; rpld §§1390 & 3402, amd §3401, Pub Health L; rpld §154, Lab L

S6194 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S6194 REVISED 01/13/12

TITLE OF BILL:
An act
to amend the general business law, in relation to abolishing
the hearing aid dispensing advisory board;
to amend the arts and cultural affairs law, in relation to works of art
in the empire state plaza; to amend the general business law, in
relation to the rules and regulations for nail specialty, natural hair
styling, aesthetics and cosmetology;
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 transportation law, in relation to abolishing
the interagency
coordinating committee on rural public transportation; to amend the
vehicle and traffic law, in relation to rules and regulations for the
tow truck and agricultural industries;
to amend the general business law, in relation to abolishing
the armored cars advisory board; to amend the environmental
conservation law, in relation to abolishing the falconry advisory board
and the petroleum bulk storage advisory council;
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 article 4 of the arts and
cultural affairs law, relating to the empire state plaza art
commission;
to repeal certain provisions of the general business law, relating
to the barbers board, the armored car carrier advisory board, the
appearance enhancement advisory committee and the hearing aid dispensing
advisory board; to repeal certain provisions of the executive law,
relating to the New York statewide law enforcement telecommunications
committee, the Long Island sound coastal advisory commission and 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 section 216-b of the
vehicle and traffic law, relating to the tow truck advisory board; to
repeal section 7 of chapter 654 of the laws of 1994, amending the
transportation law and the vehicle and traffic law, relating to equipment
requirements for registered farm vehicles, relating to the
agricultural transportation review panel; to
repeal article 4 of the state technology law, relating to the
statewide wireless network advisory council; to repeal chapter 868
of the laws of 1976, establishing the organic food advisory committee,
relating thereto;
to repeal certain provisions of the environmental conservation law,

relating to the falconry advisory board and the petroleum bulk storage
advisory council; and to repeal certain provisions of the public health
law, relating to the state camp safety advisory council and the funeral
directing advisory board

PURPOSE:
To eliminate commissions, boards and committees that are no
longer necessary to provide the services they once did while also
decreasing current state bureaucracy and consolidate their
responsibilities.

SUMMARY OF PROVISIONS:
Sections 2, 3 and 5 thru 10: reassigns the responsibilities of the
Hearing Aid Dispensing Advisory Board.

Sections 1 and 4: eliminates the Hearing Aid Dispensing Advisory Board.

Section 11: repeals Article 4 of the Arts and Cultural Affairs Law
eliminating the Empire State Plaza Arts Commission. Section 57.03 of
the Arts and Cultural Affairs Law is amended by adding a new
subdivision 7 that give the powers and responsibilities of the Empire
State Plaza Art commission to the Office of State History.

Section 13: repeals Section 433-a of the General Business eliminating
the Barbers Board.

Section 14: repeals Section 844-a of the Executive Law eliminating the
New York State-wide Law Enforcement Telecommunications Committee.

Section 15: amends Section 16 of the Agriculture and Markets Law
transferring responsibilities of the Apiary and Plant Industry
Advisory Boards to the Commissioner of Agriculture and Markets in
consultations with the apiary and plant industry.

Section 16: repeals Sections 169-c and 169-d of the Agriculture and
Markets Law eliminating the Apiary and Plant Industry Advisory Boards.

Sections 17-23: repeals Sections of the Transportation Law in relation
to the Interagency Coordinating Committee on Rural Public
Transportation. Those responsibilities have been referred to the
Commission of Transportation who will consult with various government
departments.

Section 24: repeals Section 216-b of the Vehicle and Traffic Law
establishing the Tow Truck Advisory Board.

Section 25: repeals Section 7 of Chapter 654 of the laws of 1994
establishing the Agricultural Transportation Review Panel.

Section 26: repeals Article 4 of the state technology law establishing
the Statewide Wireless Network Advisory Council.

Section 27: repeals Chapter 868 of the laws of 1976 establishing the
Organic Food Advisory Council.

Sections 28-34: relates to the Armored Car Advisory boards eliminating
the board and transferring their responsibilities to the Secretary of
State who will consult with the industry.

Section 35: repeals Section 923 of the Executive Law and establishing
the Long Island Sound Coastal Advisory Committee.

Section 36: repeals Section 11-1005 of the Environmental Conservations
Law establishing the Falconry Advisory Board

Sections 37-39: transfers the duties of the Falconry Advisory Board to
the Commissioner of the Department of Environmental Conservation who
will seek the advice and recommendations of the falconry community.

Section 40: repeals section 17-10 13 of the Environmental Conservation
Law establishing the Petroleum Bulk Storage Advisory Committee.

Section 41: Transfers the duties of the Petroleum Bulk Storage
Advisory Committee to the Commissioner of the Department of
Environmental Conservations who will consult with owners, operators
other than owners, and municipal corporations with petroleum bulk
storage facilities.

Section 42: repeals section 1390 of the Public Health Law establishing
the State Camp Safety Advisory Council.

Section 43: Allows the Commissioner of Health to consult with
representatives of consumer interests, licensed funeral home
directors, undertakers or embalmers and cemetery corporations.

Section 44: repeals section 3402 of the Public Health Law eliminating
the Funeral Directing Advisory Board.

Sections 45 and 47: Allows the Commissioner of Health to consult with
persons engaged in the practice of nail specialty, waxing, natural
hair styling, aesthetics, cosmetology, in training of person for such
practice, and licensed dermatologists regarding potential regulations.

Section 46: repeals Section 403 of the General Business Law
eliminating the Appearance Enhancement Advisory Committee.

Section 48: repeals Subdivision 14 of Section 601 of the Executive law
eliminating the Manufactured Housing Advisory Committee.

Section 49: Requires the Secretary of State to consult with those in
the manufactured housing industry regarding potential changes to
regulations.

Section 50: Repeals sections 611 and 612 of the executive law
eliminating the Manufactured Housing Advisory Committee and its
powers and duties.

Section 51: This act shall take effect immediately.

JUSTIFICATION:
New York State Government is constantly changing and
evolving. It is important that current law reflects those changes to
provide for a more efficient, streamlined state government. This
legislation eliminates commissions, boards and committees that are no
longer necessary to provide the services they once did and assist in
decreasing current State bureaucracy and consolidate responsibilities.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6194

                            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

AN ACT to amend the general business law, in relation to abolishing  the
  hearing  aid dispensing advisory board; to amend the arts and cultural
  affairs law, in relation to works of art in the empire state plaza; to
  amend the general business law, in relation to  the  rules  and  regu-
  lations  for  nail  specialty,  natural  hair  styling, aesthetics and
  cosmetology; 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 transportation law, in relation to
  abolishing the interagency  coordinating  committee  on  rural  public
  transportation;  to  amend the vehicle and traffic law, in relation to
  rules and regulations for the tow truck and  agricultural  industries;
  to  amend  the  general  business  law,  in relation to abolishing the
  armored cars advisory board; to amend the  environmental  conservation
  law,  in  relation  to  abolishing the falconry advisory board and the
  petroleum bulk storage advisory council; 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 article 4 of the arts and cultural affairs law, relating  to
  the empire state plaza art commission; to repeal certain provisions of
  the  general  business law, relating to the barbers board, the armored
  car  carrier  advisory  board,  the  appearance  enhancement  advisory
  committee  and  the  hearing  aid dispensing advisory board; to repeal
  certain provisions of the executive law,  relating  to  the  New  York
  statewide  law  enforcement  telecommunications  committee,  the  Long
  Island sound coastal advisory commission and the manufactured  housing
  advisory  council;  to repeal sections 169-c and 169-d of the agricul-
  ture and markets law, relating to the plant and apiary industry  advi-
  sory  committees;  to  repeal certain provisions of the transportation
  law, relating to  the  interagency  coordinating  committee  on  rural
  public  transportation;  to  repeal  section  216-b of the vehicle and
  traffic law, relating to the  tow  truck  advisory  board;  to  repeal
  section 7 of chapter 654 of the laws of 1994, amending the transporta-
  tion  law  and  the  vehicle  and  traffic  law, relating to equipment

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11286-05-2

S. 6194                             2

  requirements for registered farm vehicles, relating  to  the  agricul-
  tural  transportation  review  panel; to repeal article 4 of the state
  technology law, relating to the statewide  wireless  network  advisory
  council;  to  repeal chapter 868 of the laws of 1976, establishing the
  organic food advisory committee, relating thereto; to  repeal  certain
  provisions  of  the  environmental  conservation  law, relating to the
  falconry advisory board and the petroleum bulk storage advisory  coun-
  cil; and to repeal certain provisions of the public health law, relat-
  ing  to the state camp safety advisory council and the funeral direct-
  ing advisory board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Subdivision 3 of section 789 of the general business law
is REPEALED.
  S 2. Subdivisions 4, 5, 6, 7, 8, 9, 10, 11 and 12 of  section  789  of
the  general  business law are renumbered subdivisions 3, 4, 5, 6, 7, 8,
9, 10 and 11.
  S 3. Subparagraph (ix) of paragraph (a) of subdivision  1  of  section
790  of the general business law, as added by chapter 599 of the laws of
1998, is amended to read as follows:
  (ix) on or after January first,  two  thousand  three,  the  applicant
shall demonstrate the successful completion of post-secondary coursework
approved by the secretary [in conjunction with the advisory board]; or
  S  4. Section 791 of the general business law, as added by chapter 599
of the laws of 1998 and subdivision 1 as amended by section 42 of part A
of chapter 62 of the laws of 2011, is amended to read as follows:
  S 791. Hearing aid [dispensing advisory board] RULES AND  REGULATIONS.
[1.  There  is  created  within  the department a hearing aid dispensing
advisory board which shall consist of thirteen members to  be  appointed
by  the  secretary:  four  of  whom shall be non-audiologist hearing aid
dispensers who shall have been engaged in  the  business  of  dispensing
hearing aids primarily in this state for at least five years immediately
preceding their appointment, two to be appointed upon the recommendation
of  the  governor,  one  to  be appointed upon the recommendation of the
temporary president of the senate and  one  to  be  appointed  upon  the
recommendation  of  the  speaker  of the assembly; four members shall be
audiologists who are engaged in the dispensing of hearing  aids  for  at
least  five  years  immediately  preceding  their appointment, two to be
appointed upon the recommendation of the governor, one to  be  appointed
upon the recommendation of the temporary president of the senate and one
to  be appointed upon the recommendation of the speaker of the assembly;
two shall be otolaryngologists; and the remaining three members, none of
whom shall derive nor have derived in the past economic benefit from the
business of dispensing hearing aids, shall  be  from  the  resident  lay
public of this state who are knowledgeable about issues related to hear-
ing  loss.  At  least one lay member shall be an individual representing
adults over the age of fifty.  At least one of the lay members shall  be
a  hearing aid user. Of the otolaryngologists and lay members, one shall
be appointed by the secretary on  the  recommendation  of  the  minority
leader  of the senate and one shall be appointed by the secretary on the
recommendation of the minority leader of the assembly and three shall be
appointed by the secretary on the recommendation of the  governor.  Each
member  of  the  board  shall  be appointed for a term of two years. Any

S. 6194                             3

member may be appointed for additional terms.  In  the  event  that  any
member  shall die or resign during his or her term, a successor shall be
appointed in the same manner and with the  same  qualifications  as  set
forth  in this section. A member may be reappointed for successive terms
but no member shall serve more than a total of ten years. The  secretary
or the designee of the secretary shall serve in an ex officio non-voting
position.  The secretary shall serve as chairperson. The commissioner of
education, the commissioner of health, and the attorney general or their
designees shall serve as non-voting ex officio members.
  2. The board shall advise and make recommendations regarding, and  the
secretary, upon consideration of such advice, shall promulgate rules and
regulations,  governing  the  implementation  of  the provisions of this
article and the  development  of  such  rules  and  regulations  as  are
required. In addition to other advice, the board shall advise the secre-
tary  with  respect to the promulgation of rules and regulations govern-
ing:
  (a) the rights of consumers of hearing aids including but not  limited
to  (i) procedures whereby a consumer may file a complaint against those
in violation of this article; and  (ii)  requirements  for  hearing  aid
dispensers  to provide consumers with printed educational information on
the general use of hearing aids and assistive listening devices  and  on
the  advantages  and disadvantages of binaural hearing aid use and (iii)
the training of individuals in the use and maintenance of  such  instru-
ments;
  (b)  continuing education including but not limited to (i) the content
of such course of study, (ii) the procedures for approval of such course
of study and (iii) those individuals and organizations who may permissi-
bly offer such continuing education course or courses  provided  for  in
section seven hundred ninety-four of this article;
  (c)  the  content, delivery and evaluation of any examination required
as a condition of registration;
  (d) the standards for advertisements, including but  not  limited  to,
proscriptions  against  misleading  advertising relating to the scope of
hearing aid dispensing practices, credentials of individual hearing  aid
dispensers,  and the function, use and reliability of a particular hear-
ing instrument;
  (e) requirements for the secretary  to  regularly  examine  compliance
with this article;
  (f)  requirements  pertaining to the non-diagnostic testing of hearing
and sale of hearing aids at office, residential and other out of  office
settings  and  the development of environmental standards for testing at
office, residential and  other  out  of  office  settings;  requirements
pertaining to telemarketing; and
  (g)  procedures that the secretary could use to increase public aware-
ness of how to properly purchase, fit, adjust and use a hearing aid,  as
well  as  the rights of hearing aid purchasers under state law. In addi-
tion to such duties and other duties which may be assigned by the secre-
tary, the board shall consult with the secretary,  the  commissioner  of
education  and such other persons as may be appropriate to determine the
proper level and degree of education for a hearing  aid  dispenser,  the
type  of  degree  and  the  proper educational institution to offer such
education and all other related issues.
  3. Meetings of the board shall be set at such times as  determined  by
the secretary but in no event fewer than four times annually.

S. 6194                             4

  4. The members of the board shall serve without compensation, however,
they shall receive reimbursement for their actual and necessary expenses
incurred in the performance of their duties.
  5.  The  secretary shall keep a record of all proceedings of the board
and such record shall be open to public examination] THE SECRETARY SHALL
SEEK THE ADVICE AND RECOMMENDATIONS  FROM  NON-AUDIOLOGIST  HEARING  AID
DISPENSERS,  AUDIOLOGISTS  WHO  ARE ENGAGED IN THE DISPENSING OF HEARING
AIDS, OTOLARYNGOLOGISTS, AND HEARING AID USERS, WHEN CONSIDERING CHANGES
TO THE RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF THIS  ARTI-
CLE.
  S  5.  Subdivision 1 and paragraph (a) of subdivision 3 of section 794
of the general business law, subdivision 1 as amended by chapter 301  of
the  laws of 2000 and paragraph (a) of subdivision 3 as added by chapter
599 of the laws of 1998, are amended to read as follows:
  1. Prior to the expiration of a certificate of registration and  as  a
condition  of renewal, each hearing aid dispenser registered pursuant to
subdivision one of section seven hundred ninety of  this  article  shall
submit  documentation showing successful completion of twenty continuing
education credits through a course or courses approved by the  secretary
[in  consultation  with the advisory board], or, in relation to audiolo-
gists licensed pursuant to article one hundred fifty-nine of the  educa-
tion  law,  the  office  of the professions in the education department.
Such formal courses of learning shall include, but not  be  limited  to,
collegiate  level of credit in non-credit courses, professional develop-
ment programs and technical sessions  offered  by  national,  state  and
local  professional  associations  and other organizations acceptable to
the secretary and any other organized educational and technical programs
acceptable  to  the  secretary.  The  secretary  may,  in  his  or   her
discretion, and as needed to contribute to the health and welfare of the
public,  require  the  completion  of  continuing  education  courses in
specific  subjects  to  fulfill  this  mandatory  continuing   education
requirement.  Courses  shall  be  taken  from  a sponsor approved by the
secretary pursuant to regulations promulgated pursuant to this section.
  (a) Within one year of the effective date of this article, the  secre-
tary  shall  promulgate  rules  and regulations establishing the method,
content and supervision requirements for the continuing education course
or courses provided for in this section. Properly prepared written mate-
rials of the subject matter of each course shall be distributed and each
course shall be taught by an instructor who  meets  requirements  estab-
lished  by  the  secretary  [upon  the recommendation of the board]. Any
person or organization offering a course shall apply  to  the  secretary
for authorization to offer such course or courses pursuant to said rules
and regulations.
  S  6.  The  opening  paragraph  of subdivision 1 of section 796 of the
general business law, as added by chapter 599 of the laws  of  1998,  is
amended to read as follows:
  The  secretary[,  in  consultation  with the board,] shall establish a
full-time, twelve month training program for those  persons  wishing  to
apply  for registration as a hearing aid dispenser, except those hearing
aid dispensers  otherwise  licensed  pursuant  to  article  one  hundred
fifty-nine  of  the  education  law.  For  the purposes of this section,
"full-time" shall mean seven hours per day for five days  a  week.  Such
program  shall  be  conducted  by  a registered hearing aid dispenser or
taught by appropriate faculty with  credentials  to  verify  substantial
educational knowledge in the topics outlined below. Any trainee entering
such  a  program  shall operate under the direct supervision of a regis-

S. 6194                             5

tered hearing aid dispenser for the first three months of such  program.
In  addition,  during  such  period,  the  trainee  shall satisfactorily
complete a course of instruction, which includes, but is not limited to,
the following topics:
  S  7.  The  opening  paragraph  of subdivision 4 of section 798 of the
general business law, as added by chapter 599 of the laws  of  1998,  is
amended to read as follows:
  The  secretary  shall  [in  consultation with the hearing aid advisory
board] prescribe the minimum criteria, procedures  and  equipment  which
shall  be  used  in  the  dispensing  of hearing aids, including but not
limited to:
  S 8. Paragraph (a) of subdivision 12 of section  798  of  the  general
business  law, as amended by chapter 301 of the laws of 2000, is amended
to read as follows:
  (a) If an individual returns a hearing  aid  in  the  same  condition,
ordinary  wear  and  tear  excluded,  within  the  guarantee period, the
customer shall be entitled to the return of the cost of the hearing  aid
and accessories as itemized on the receipt provided pursuant to subdivi-
sion  eleven of this section; provided however that any hearing aid that
has been used for a forty-five calendar day period as described in  this
subdivision,  when  refinished and totally reconditioned by the manufac-
turer or by the manufacturer's agent and such manufacturer  or  manufac-
turer's  agent  certifies that such hearing aid meets all the acoustical
standards of a new hearing aid and is in all other respects  the  equiv-
alent  of  a new hearing aid and with all warranties and guarantees that
accompany a new hearing aid, shall be considered a new hearing  aid  and
so designated; and further provided, however, that a hearing aid dispen-
ser  shall  retain  as a cancellation fee for return of the hearing aid,
including batteries and cords or accessories thereto, a  charge  not  in
excess  of  ten  per centum of the total purchase price of the cancelled
hearing aid, including  batteries  and  cords  or  accessories  thereto,
inclusive  of all fees related to dispensing of hearing aids, as defined
in subdivision [six] FIVE of section seven hundred eighty-nine  of  this
article.  Provided,  however, if the hearing aid dispenser is a not-for-
profit hospital or facility licensed or certified  pursuant  to  article
twenty-eight  of  the  public  health  law, such dispenser is allowed to
retain an amount up to five per centum of the total  purchase  price  of
the  cancelled hearing aid, including batteries and cords or accessories
thereto, inclusive of all fees related to the dispensing of the  hearing
aid,  plus  a service fee of not more than two hundred dollars, unless a
second hearing aid was fitted and dispensed at  the  same  time  as  the
first,  then  such  fee  shall not exceed three hundred dollars for both
hearing aids. Such money-back guarantee as provided in this  subdivision
shall  not be in lieu of or in any way affect the right of the purchaser
to recover the full amount paid and for  any  damages  sustained  for  a
breach of guarantee of fitness for use.
  S 9. Subdivisions 1, 2, 4, 5 and 7 of section 803 of the general busi-
ness  law,  as  added by chapter 599 of the laws of 1998, are amended to
read as follows:
  1. The secretary shall promulgate such rules and  regulations  as  are
deemed  necessary  to  effectuate  the  purposes  of this article, [and]
INCLUDING:
  (A) THE RIGHTS OF CONSUMERS OF HEARING AIDS INCLUDING BUT NOT  LIMITED
TO  (I) PROCEDURES WHEREBY A CONSUMER MAY FILE A COMPLAINT AGAINST THOSE
IN VIOLATION OF THIS ARTICLE; AND  (II)  REQUIREMENTS  FOR  HEARING  AID
DISPENSERS  TO PROVIDE CONSUMERS WITH PRINTED EDUCATIONAL INFORMATION ON

S. 6194                             6

THE GENERAL USE OF HEARING AIDS AND ASSISTIVE LISTENING DEVICES  AND  ON
THE  ADVANTAGES AND DISADVANTAGES OF BINAURAL HEARING AID USE; AND (III)
THE TRAINING OF INDIVIDUALS IN THE USE AND MAINTENANCE OF  SUCH  INSTRU-
MENTS;
  (B)  CONTINUING EDUCATION INCLUDING BUT NOT LIMITED TO (I) THE CONTENT
OF SUCH COURSE OF STUDY; (II) THE PROCEDURES FOR APPROVAL OF SUCH COURSE
OF STUDY; AND (III) THOSE INDIVIDUALS AND ORGANIZATIONS WHO MAY  PERMIS-
SIBLY  OFFER SUCH CONTINUING EDUCATION COURSE OR COURSES PROVIDED FOR IN
SECTION SEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE;
  (C) THE CONTENT, DELIVERY AND EVALUATION OF ANY  EXAMINATION  REQUIRED
AS A CONDITION OF REGISTRATION;
  (D)  THE  STANDARDS  FOR ADVERTISEMENTS, INCLUDING BUT NOT LIMITED TO,
PROSCRIPTIONS AGAINST MISLEADING ADVERTISING RELATING TO  THE  SCOPE  OF
HEARING  AID DISPENSING PRACTICES, CREDENTIALS OF INDIVIDUAL HEARING AID
DISPENSERS, AND THE FUNCTION, USE AND RELIABILITY OF A PARTICULAR  HEAR-
ING INSTRUMENT;
  (E)  REQUIREMENTS  FOR  THE  SECRETARY TO REGULARLY EXAMINE COMPLIANCE
WITH THIS ARTICLE;
  (F) REQUIREMENTS PERTAINING TO THE NON-DIAGNOSTIC TESTING  OF  HEARING
AND  SALE OF HEARING AIDS AT OFFICE, RESIDENTIAL AND OTHER OUT OF OFFICE
SETTINGS AND THE DEVELOPMENT OF ENVIRONMENTAL STANDARDS FOR  TESTING  AT
OFFICE,  RESIDENTIAL  AND  OTHER  OUT  OF  OFFICE SETTINGS; REQUIREMENTS
PERTAINING TO TELEMARKETING; AND
  (G) PROCEDURES THAT THE SECRETARY COULD USE TO INCREASE PUBLIC  AWARE-
NESS  OF HOW TO PROPERLY PURCHASE, FIT, ADJUST AND USE A HEARING AID, AS
WELL AS THE RIGHTS OF HEARING AID PURCHASERS UNDER STATE LAW.  IN  ADDI-
TION  TO  SUCH DUTIES AND OTHER DUTIES, THE SECRETARY SHALL CONSULT WITH
THE COMMISSIONER OF EDUCATION AND SUCH OTHER PERSONS AS MAY BE APPROPRI-
ATE TO DETERMINE THE PROPER LEVEL AND DEGREE OF EDUCATION FOR A  HEARING
AID DISPENSER, THE TYPE OF DEGREE AND THE PROPER EDUCATIONAL INSTITUTION
TO OFFER SUCH EDUCATION AND ALL OTHER RELATED ISSUES.
  THE  SECRETARY shall provide written notification of the provisions of
this article and a copy of the registration  application  within  ninety
days of the effective date of this article to all dealers as were regis-
tered  under former article thirty-seven-a of this chapter prior to such
effective date and to audiologists  licensed  pursuant  to  article  one
hundred  fifty-nine of the education law. Such notification shall inform
all such dealers, their dispensing employees  and  audiologists  of  the
obligation  to  register  pursuant  to subdivision nine of section seven
hundred ninety of this article.
  2. The secretary shall review implementation of the provisions of this
article in consultation with [the  board]  NON-AUDIOLOGIST  HEARING  AID
DISPENSERS,  AUDIOLOGISTS  WHO  ARE ENGAGED IN THE DISPENSING OF HEARING
AIDS, OTOLARYNGOLOGISTS, AND HEARING AID USERS, and shall vigorously and
proactively ensure  the  enforcement  of  its  provisions  through  site
visits,  regular  examination  of  compliance  with this article, public
outreach and education, promulgation of regulations, delivery of techni-
cal assistance, and such other forms as would increase awareness of  and
adherence to the protections and process prescribed in this article. The
secretary  shall  examine compliance with this article for each business
registered pursuant to subdivision one of section seven  hundred  ninety
of this article at least once every four years.
  4. [In conjunction with the board, the] THE secretary shall:
  (a)  develop  procedures  for  promptly  investigating  all complaints
regarding violations of this article;

S. 6194                             7

  (b) develop procedures for assisting consumers in resolving a  dispute
with  those persons registered pursuant to this article and mediating on
behalf of consumers when needed;
  (c) establish a toll-free number at which consumers, including persons
who are hard of hearing or deaf, can register a complaint; and
  (d) develop other procedures as necessary to increase public awareness
of  how to properly purchase, fit, adjust and use a hearing aid, as well
as the rights of hearing aid consumers pursuant to this  article,  which
shall  include  the  distribution of written information concerning this
subject matter and the toll-free number to those subject to  this  arti-
cle, the media, and the general public.
  5.  The  secretary[,  in conjunction with the board] shall cause to be
prepared and distributed printed educational information  to  registered
hearing  aid dispensers and others about the general use of hearing aids
and assistive listening devices and on the advantages and  disadvantages
of hearing aids as well as rights and remedies available to the consumer
pursuant to this article.
  7. On or before January thirty-first of each year, the secretary shall
develop  and  distribute  a  report  to the governor, the speaker of the
assembly, the temporary president of the senate, the minority leader  of
the assembly, the minority leader of the senate, the chair of the assem-
bly  ways  and  means  committee,  and  the  chair of the senate finance
committee, and make it available for  public  examination.  Such  report
shall  entail  specific  efforts  made by the secretary[, the board] and
hearing aid dispensers to comply with the provisions of this article, [a
compilation of actions taken in response to recommendations submitted to
the secretary from the board,] a summary of the  results  of  compliance
efforts  and anticipated efforts to improve public education, compliance
and enforcement during the subsequent year, as well as  recommendations,
if any, to amend this article.
  S  10.   Section 57.03 of the arts and cultural affairs law is amended
by adding a new subdivision 7 to read as follows:
  7. (A) TO MAKE RECOMMENDATIONS TO STATE AGENCIES REGARDING THE  CUSTO-
DY,  DISPLAY, CONSERVATION, PRESERVATION AND MAINTENANCE OF WORKS OF ART
IN THE EMPIRE STATE PLAZA UNDER THE JURISDICTION OF SUCH AGENCIES;
  (B) TO APPRAISE AND CATALOGUE WORKS OF ART IN THE EMPIRE STATE PLAZA;
  (C) TO ADVISE  AND  ASSIST  STATE  AGENCIES  IN  THE  PREPARATION  AND
DISTRIBUTION OF PUBLICATIONS BY SUCH AGENCIES;
  (D)  TO  MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE AND THE
COMMISSIONER OF GENERAL SERVICES REGARDING THE PURCHASE OF WORKS OF  ART
FOR DISPLAY AT THE EMPIRE STATE PLAZA;
  (E)  TO  SOLICIT  AND ACQUIRE BY GIFT, GRANT OR LOAN SUCH WORKS OF ART
FOR DISPLAY AT THE EMPIRE STATE PLAZA AS IT DEEMS  TO  BE  IN  THE  BEST
INTERESTS OF THE PEOPLE OF THE STATE;
  (F)  TO  ENTER  INTO SUCH CONTRACTS AS MAY BE NECESSARY OR APPROPRIATE
FOR THE PERFORMANCE OF THE FUNCTIONS VESTED IN IT BY THIS ARTICLE;
  (G) TO RENDER SUCH ASSISTANCE AS THE LEGISLATURE OR EITHER HOUSE THER-
EOF MAY REQUEST WITH RESPECT TO  THE  LEGISLATIVE  OFFICE  BUILDING  AND
OTHER  OFFICES  AND  FACILITIES  OF  THE LEGISLATURE IN THE EMPIRE STATE
PLAZA;
  (H) TO RENDER SUCH ASSISTANCE AS THE  COMMISSIONER  OF  EDUCATION  MAY
REQUEST WITH RESPECT TO THE CULTURAL EDUCATION CENTER;
  (I)  TO  SOLICIT  AND ACCEPT GIFTS, CONTRIBUTIONS AND BEQUEST OF FUNDS
FROM INDIVIDUALS, FOUNDATIONS, CORPORATIONS AND OTHER  ORGANIZATIONS  OR
INSTITUTIONS FOR PURPOSES OF THE COMMISSION.  ALL FUNDS FROM SUCH GIFTS,
CONTRIBUTIONS AND BEQUESTS SHALL BE DEPOSITED IN A STATE FIDUCIARY FUND,

S. 6194                             8

EXPENDITURES  FROM  WHICH  SHALL BE LIMITED TO THE PURPOSES SET FORTH IN
THIS ARTICLE;
  (J)  TO  ESTABLISH A PROGRAM, IN CONSULTATION WITH THE COMMISSIONER OF
GENERAL SERVICES, FOR THE  PROMOTION  OF  THE  EMPIRE  STATE  PLAZA  ART
COLLECTION  TO  THE PUBLIC THROUGH SUCH MEANS AS DETERMINED TO BE APPRO-
PRIATE, INCLUDING, BUT NOT  LIMITED  TO,  EDUCATIONAL  SEMINARS,  REMOTE
EXHIBITIONS,  SPECIAL  EVENTS  AND  THE  SALE  OF  SOUVENIRS OR MEMENTOS
RELATED TO THE COLLECTION. ALL RECEIPTS FROM PROMOTIONAL  EFFORTS  SHALL
BE DEPOSITED IN A STATE FIDUCIARY FUND, EXPENDITURES FROM WHICH SHALL BE
LIMITED TO THE PURPOSES SET FORTH IN THIS ARTICLE; AND
  (K)  TO  APPOINT  A CURATOR AND ASSOCIATED EMPLOYEES, PRESCRIBE POWERS
AND DUTIES OF THE CURATOR, AND SHALL FIX HIS OR HER COMPENSATION  WITHIN
THE AMOUNTS APPROPRIATED THEREFOR.
  S 11. Article 4 of the arts and cultural affairs law is REPEALED.
  S  12.  Section 404 of the general business law, as amended by chapter
341 of the laws of 1998, is amended to read as follows:
  S 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,  waxers,  natural  hair  stylists,  estheticians,  and
cosmetologists and the provision of service by nail specialists, waxers,
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 busi-
ness 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,] AND any  other
state  agencies and private industry representatives as may be appropri-
ate in determining minimum training requirements.
  S 13. Section 433-a of the general business law is REPEALED.
  S 14. Section 844-a of the executive law is REPEALED.
  S 15. Section 16 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 45 to read as follows:
  45.  WHEN CONSIDERING PLANS, POLICIES AND PROGRAMS PURSUANT TO ARTICLE
FOURTEEN OF THIS CHAPTER, THE COMMISSIONER SHALL CONSULT WITH THE APIARY
INDUSTRY,  INCLUDING,  BUT  NOT  LIMITED  TO  COMMERCIAL  AND  PART-TIME
BEE-KEEPERS,  HORTICULTURE OR VEGETABLE GROWERS, THE CORNELL COOPERATIVE
EXTENSION AND THE PLANT INDUSTRY.
  S 16. Sections 169-c and 169-d of the agriculture and markets law  are
REPEALED.
  S  17.  Subdivision  3  of  section  73-c of the transportation law is
REPEALED.
  S 18. Section 73-d of the transportation law is REPEALED.
  S 19. Subdivision 2 and the opening  paragraph  of  subdivision  5  of
section 73-e of the transportation law, as amended by chapter 562 of the
laws  of  1987,  are amended and a new subdivision 6 is added to read as
follows;
  2. Eligible expenses and services.  The department shall[, in  consul-
tation  with  the  interagency  coordinating  committee  on rural public
transportation,]  define  and  determine  the  categories  or  types  of

S. 6194                             9

expenses  or  services  that  will be eligible for financial assistance.
Public transportation services  funded  under  this  article  should  be
designed  to  maximize  usage  by  the  public, including transportation
disadvantaged  persons.  Rail,  air,  water, freight, emergency medical,
charter or tour  transportation  services  shall  not  be  eligible  for
assistance  provided by this article. No payment of financial assistance
under this section shall be made for any expenses incurred  by  a  rural
county  or  its  subcontractors  prior  to  the date it receives written
notice from the commissioner that it shall be awarded a grant under this
article.
  Coordination of federal, state, local and  private  aid;  report.  The
department may compile and maintain current information on available and
pending  federal,  state,  local  and  private aid affecting coordinated
public transportation services in rural counties.   The  department  may
request and shall be entitled to receive information from state or local
agencies  regarding  the amount of federal, state and local aid received
by public and private nonprofit organizations providing  or  contracting
for  transportation  services  and  the  purpose  for  which  the aid is
received. The commissioner may[, in consultation  with  the  interagency
coordinating  committee on rural public transportation,] use the follow-
ing criteria to recommend policies to the governor and  the  legislature
that  would or could promote compliance with the purposes of this subdi-
vision:
  6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT  WITH
THE  OFFICE  FOR  THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE
FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES;  AND  THE  DEPARTMENTS  OF
LABOR,  HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE
STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR  YOUTH  AND  REPRESEN-
TATION  OF  CONSUMERS  AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL
COUNTIES.
  S 20. Subdivision 1 of section 73-h  of  the  transportation  law,  as
amended  by  chapter  562  of  the  laws  of 1987, is amended to read as
follows:
  1. For those rural counties having an approved and implemented coordi-
nated public transportation service plan which has  maintained  existing
levels of funding used for transportation by the coordinated service and
has  documented  the need for additional operating aid, the commissioner
may[, in consultation with the  interagency  coordinating  committee  on
rural  public  transportation,] grant up to twenty-five thousand dollars
per year for operating aid for up to five successive years,  subject  to
annual  appropriations to be included in the state budget.  Such aid may
be extended annually when the county  or  operator  of  the  coordinated
public  transportation  service has adequately demonstrated the need for
such continued aid and that criteria for continuing aid  established  by
rules issued by the commissioner have been met.
  S  21. Subdivisions 6, 14 and 15 of section 73-j of the transportation
law, subdivision 6 as amended by chapter 562 of the  laws  of  1987  and
subdivisions  14  and  15 as amended by chapter 659 of the laws of 1989,
are amended to read as follows:
  6. Except as provided for in section seventy-three-g of this  article,
a  rural  county's  apportionment  of funds made available in accordance
with this article may be used for capital, operating and or  administra-
tive  assistance to provide rural public transportation. The commission-
er[, in consultation with  the  interagency  coordinating  committee  on
rural  public  transportation,] may award other grants for operating and
capital expenses.

S. 6194                            10

  14. Notwithstanding any  other  provisions  of  this  article  to  the
contrary,  no  application  for  financial  assistance  made pursuant to
section seventy-three-g of this article shall be awarded by the  commis-
sioner  for  less  than fifty-five thousand dollars or for less than the
amount  requested  unless  the  commissioner shall, in writing, prior to
making the award, each year certify the reasons why such  applicant  was
awarded  less  than  fifty-five  thousand dollars or an amount less than
requested. Such certification, including the reasons  for  such  action,
shall  be sent to the applicant, [the interagency coordinating committee
on rural public transportation,] the secretary  of  the  senate  finance
committee,  the  secretary of the assembly ways and means committee, the
director of the office of rural affairs and the director of the legisla-
tive commission on the development of rural resources.
  15. Notwithstanding any  other  provisions  of  this  article  to  the
contrary,  no grant for operating aid, as authorized by section seventy-
three-h of this article, shall be made by the commissioner to any county
for less than thirty-five thousand dollars in any one  year  unless  the
commissioner  shall,  in  writing,  prior to making the grant, each year
certify the reasons why such county was awarded  less  than  thirty-five
thousand  dollars.  Such  certification  including  the reasons for such
action shall be sent  to  such  county,  [the  interagency  coordinating
committee  on  rural public transportation,] the secretary of the senate
finance committee, the secretary of the assembly ways and means  commit-
tee, the director of the office of rural affairs and the director of the
legislative commission on the development of rural resources.
  S  22. Section 73-p of the transportation law, as added by chapter 895
of the laws of 1986, is amended to read as follows:
  S 73-p. Department report. Commencing December thirty-first,  nineteen
hundred  eighty-seven,  the  department[,  in cooperation with the state
interagency coordinating  committee  on  rural  public  transportation,]
shall prepare and submit to the governor and the legislature a report on
or  before  the  first  day of January of each year, which shall include
information relating to the operation of coordinated public  transporta-
tion services in rural counties then being funded under this article and
any   recommendations  for  overall  program  improvement;  stating  the
receipts and disbursements made during the  preceding  fiscal  year  and
adequacy  of  programs financed by federal, state, local and private aid
in rural counties  of  the  state.  The  department  shall  analyze  the
programs  financed in accordance with this article and recommend methods
of  avoiding  duplication  and  increasing  the  efficacy  of   programs
financed.  The  department  shall receive comments from the officers and
agents of affected state and local  government  units  relative  to  the
department's analysis.
  S  23. Section 215 of the vehicle and traffic law is amended by adding
two new subdivisions (d) and (e) to read as follows:
  (D) THE COMMISSIONER SHALL CONSULT WITH  REPRESENTATIVES  OF  THE  TOW
TRUCK  INDUSTRY, THROUGHOUT THE STATE INCLUDING THE HEAVY DUTY TOW TRUCK
INDUSTRY, AUTOMOBILE CLUBS, POLICE AGENCIES AND LOCAL GOVERNMENT CONSUM-
ER PROTECTION AGENCIES PRIOR TO DEVELOPING OR  AMENDING  REGULATIONS  OR
GUIDANCE ON TOW TRUCK SAFETY AND OPERATIONS, STANDARDS FOR LICENSURE AND
INSPECTION OF TOW TRUCKS AND REQUIREMENTS AND QUALIFICATIONS FOR DRIVERS
THEREOF.
  (E)  THE  COMMISSIONER  SHALL  CONSULT WITH AGRICULTURAL ORGANIZATIONS
INCLUDING NEW  YORK  STATE  FARM  BUREAU;  AGRI-BUSINESSES  AND  FARMERS
INVOLVED  IN  THE  TRANSPORTATION  OF  AGRICULTURAL  INPUTS, SUPPLIES OR
COMMODITIES; CORNELL COOPERATIVE EXTENSION; THE DEPARTMENTS OF  AGRICUL-

S. 6194                            11

TURE  AND MARKETS, TRANSPORTATION, AND THE STATE POLICE, PRIOR TO DEVEL-
OPING OR AMENDING REGULATIONS OR  GUIDANCE  REGARDING  THE  AGRICULTURAL
VEHICLES AND EQUIPMENT. THE COMMISSIONER SHALL PERIODICALLY CONSULT SUCH
ENTITIES  AS  TO  WAIVERS  NEEDED  FROM THE FEDERAL MOTOR CARRIER SAFETY
REGULATIONS.
  S 24. Section 216-b of the vehicle and traffic law is REPEALED.
  S 25. Section 7 of chapter 654 of  the  laws  of  1994,  amending  the
transportation law and the vehicle and traffic law relating to equipment
requirements for registered farm vehicles, is REPEALED.
  S 26. Article 4 of the state technology law is REPEALED.
  S  27.  Chapter 868 of the laws of 1976, establishing the organic food
advisory committee, is REPEALED.
  S 28. Subdivision 5 of section 89-bbb of the general business  law  is
REPEALED.
  S  29. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations  necessary  for  the  proper  conduct of the business authorized
under this article, and not inconsistent herewith. THE SECRETARY  SHALL,
IN  IMPLEMENTING  THIS  ARTICLE,  CONSULT  WITH  THE ARMORED CAR CARRIER
INDUSTRY, INCLUDING, BUT NOT LIMITED TO DOMESTIC  AND  FOREIGN  CARRIERS
AND THE NEW YORK ARMORED CAR ASSOCIATION, INC.
  S 30. Section 89-mmm of the general business law is REPEALED.
  S  31.  Subdivision 5 of section 89-ppp of the general business law is
REPEALED.
  S 32. Subdivision 13 of section 89-ppp of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  13. "Qualified firearms training course" means a  minimum  forty-seven
hour  firearms  training  course for armored car guards that is specific
and germane to the armored car carrier industry, recognized by the divi-
sion in consultation with the [board] ARMORED CAR CARRIER  INDUSTRY  AND
THE NEW YORK ARMORED CAR ASSOCIATION, INC.
  S  33. Subdivision 4 of section 89-sss of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  4. The commissioner[, upon the recommendation  and  with  the  general
advice of the board,] shall waive the training requirements specified in
subdivision  one of this section, with respect to applicants employed by
armored car carriers, if the applicant provides  appropriate  documenta-
tion  to  demonstrate  that  he  or  she  was  or is subject to training
requirements which meet or exceed the requirements established  pursuant
to such subdivision.
  S  34. Section 89-yyy of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-yyy. Regulations. The secretary and commissioner, in consultation
with the [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW  YORK  ARMORED
CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate
rules  and  regulations necessary for the proper conduct of the business
authorized under this article, and not inconsistent herewith.
  S 35. Section 923 of the executive law is REPEALED.
  S 36.  Section  11-1005  of  the  environmental  conservation  law  is
REPEALED.
  S  37.  Section  11-1007  of  the  environmental  conservation law, as
amended by chapter 911 of the laws  of  1990,  is  amended  to  read  as
follows:
S 11-1007. Department authority.

S. 6194                            12

  The  department  shall  make  such rules and regulations governing the
issuance and use of falconry licenses as it shall deem proper and neces-
sary[, giving due consideration to the recommendations of  the  falconry
advisory  board].  The  department  may  fix  by regulation special open
seasons  for  the taking of small game or upland game birds by falconry.
The department may revoke any falconry license  and  may  seize  raptors
held  pursuant  thereto if the licensee (i) fails to provide proper care
for the raptors in the licensee's possession, (ii) allows raptors in the
licensee's possession to become a public nuisance, (iii) is convicted of
or settles by civil compromise any violation of any  provision  of  this
chapter  or  regulation  of the department, or (iv) fails to comply with
any of the terms or conditions of the falconry license.  THE COMMISSION-
ER SHALL SEEK THE ADVICE AND  RECOMMENDATIONS  FROM  PERSONS  ASSOCIATED
WITH STATE OR NATIONAL ORGANIZATIONS OR INSTITUTIONS WITH PRIMARY INTER-
ESTS  IN ORNITHOLOGY, FALCONRY OR WILDLIFE CONSERVATION WHEN CONSIDERING
FALCONRY LICENSE APPLICATIONS AND THE  SPECIES  AND  NUMBER  OF  RAPTORS
WHICH  MAY BE POSSESSED OR TAKEN FROM THE WILD BY EACH APPLICANT AND THE
MANNER OF SUCH TAKING, AND CHANGES TO THE RULES AND REGULATIONS  GOVERN-
ING THE IMPLEMENTATION OF THE PROVISIONS OF THIS TITLE.
  S  38.  Subparagraph  (ii)  of paragraph d of subdivision 4 of section
17-1007 of the environmental conservation law, as added by  chapter  334
of the laws of 2008, is amended to read as follows:
  (ii)  As  promptly as possible thereafter, not to exceed fifteen days,
the commissioner shall provide the owner or operator an  opportunity  to
be  heard  and to present proof that such condition or activity does not
violate the provisions of this section or of the  rules  or  regulations
adopted  pursuant  to this title. The commissioner shall adopt rules and
regulations describing the procedure to be followed in  the  prohibition
of  petroleum  deliveries.  In  adopting  such rules and regulations the
department shall allow for the owner or operator at any time  to  submit
information  to the department to demonstrate that the owner or operator
is in compliance with the requirements or has  corrected  the  violation
that  prompted the department to prohibit deliveries of petroleum and to
allow the tank or tanks to be, as promptly  as  possible,  brought  back
into  operation,  not  to exceed two business days from the department's
determination that a tank is in compliance. The department shall use its
best efforts to timely determine  compliance.  [The  commissioner  shall
draft  such rules and regulations and submit them to the state petroleum
bulk storage advisory council for comments  within  six  months  of  the
effective date of this subparagraph.]
  S  39. Subdivision 1 of section 17-1009 of the environmental conserva-
tion law, as added by chapter 613 of the laws of  1983,  is  amended  to
read as follows:
  1. The department shall [consult with the state petroleum bulk storage
advisory  council  to]  compile  a  list of facilities within the state.
Within thirty days of the  promulgation  of  rules  and  regulations  in
accordance  with  section  17-1005, section 17-1007, and this section of
this title, the department shall make available, upon request, a copy of
such rules and regulations.
  S 40.  Section  17-1013  of  the  environmental  conservation  law  is
REPEALED.
  S  41. Subdivision 1 of section 17-1015 of the environmental conserva-
tion law, as amended by chapter 334 of the laws of 2008, is  amended  to
read as follows:
  1.  The department shall, pursuant to section 17-0303 of this article,
promulgate rules and regulations establishing standards for existing and

S. 6194                            13

new petroleum bulk storage facilities which shall include,  but  not  be
limited  to,  design, equipment requirements, construction, installation
and maintenance. In proposing, preparing [and], compiling, AND  REVISING
such rules and regulations, the department shall consult with [the state
petroleum  bulk  storage  code advisory council] OWNERS, OPERATORS OTHER
THAN OWNERS, AND MUNICIPAL  CORPORATIONS  WITH  PETROLEUM  BULK  STORAGE
FACILITIES.    In  addition, the department shall consult with the state
fire prevention and building code council to assure that such rules  and
regulations are consistent with the uniform fire prevention and building
code.
  S 42. Section 1390 of the public health law is REPEALED.
  S  43.  Subdivision  1  of  section  3401  of the public health law is
amended to read as follows:
  1. The commissioner may, from time to time, make and adopt such  rules
and regulations not inconsistent with law as may be necessary (a) in the
performance of his duties and in the administration of the provisions of
this article; and (b) to govern and regulate the conduct and transaction
of  the  business  and  practice  of  funeral directing, undertaking and
embalming.   THE COMMISSIONER SHALL,  IN  IMPLEMENTING  THIS  TITLE  AND
REVISING  REGULATIONS,  CONSULT  WITH  THE  REPRESENTATIVES  OF CONSUMER
INTERESTS, LICENSED FUNERAL DIRECTORS,  UNDERTAKERS  OR  EMBALMERS,  AND
CEMETERY CORPORATIONS.
  S 44. Section 3402 of the public health law is REPEALED.
  S  45.  Subdivision  5  of section 402 of the general business law, as
added by chapter 509 of the laws of 1992, is amended to read as follows:
  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  appli-
cants  taking  examinations  and  their  qualifications,  and  the other
matters incidental or appropriate to the powers and duties of the secre-
tary as prescribed by this article and for the proper administration and
enforcement of the provisions of this article.  THE SECRETARY SHALL,  IN
IMPLEMENTING  THIS  TITLE AND REVISING REGULATIONS, CONSULT WITH PERSONS
ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING,
AESTHETICS, COSMETOLOGY, IN TRAINING OF PERSONS FOR SUCH PRACTICES,  AND
LICENSED DERMATOLOGISTS.
  S 46. Section 403 of the general business law is REPEALED.
  S  47.  Section 404 of the general business law, as amended by chapter
341 of the laws of 1998, is amended to read as follows:
  S 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,  waxers,  natural  hair  stylists,  estheticians,  and
cosmetologists and the provision of service by nail specialists, waxers,
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 busi-
ness 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

S. 6194                            14

advisory committee established pursuant  to  this  article,]  any  other
state  agencies and private industry representatives as may be appropri-
ate in determining minimum training requirements.
  S 48. Subdivision 14 of section 601 of the executive law is REPEALED.
  S  49. Subdivision 12 of section 604 of the executive law, as added by
chapter 729 of the laws of 2005, is amended and a new  paragraph  13  is
added to read as follows:
  12. To create and maintain a consumer awareness pamphlet[, in conjunc-
tion  with  the  advisory  council,]  to include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  13. THE SECRETARY SHALL, IN IMPLEMENTING  THIS  ARTICLE  AND  REVISING
REGULATIONS,  CONSULT  WITH  INSTALLERS, PARK RESIDENCE ADVOCACY ASSOCI-
ATIONS, RETAILERS, AND MANUFACTURED HOME  INDUSTRY  TRADE  ASSOCIATIONS,
MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING
ISSUES,  CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED HOUSING
ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS.
  S 50. Sections 611 and 612 of the executive law are REPEALED.
  S 51. This act shall take effect immediately.

S6194A - Bill Details

Current Committee:
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Rpld §74-a, State L; amd §57.03, rpld Art 4, Arts & Cul L; amd §§89-ppp, 89-sss, 89-yyy, 402 & 404, rpld §403, Gen Bus L; rpld §601 sub 14, §611 & §612, amd §604, Exec L; amd §16, rpld §§169-c & 169-d, Ag & Mkts L; rpld §73-c sub 3, §73-d, amd §§73-e, 73-h, 73-j & 73-p, Transp L; rpld §§1390 & 3402, amd §3401, Pub Health L; rpld §154, Lab L

S6194A - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S6194A

TITLE OF BILL:
An act
to amend the arts and cultural affairs law, in relation to works of art
in the empire state plaza; to amend the general business law, in
relation to the rules and regulations for nail specialty, natural hair
styling, aesthetics and cosmetology;
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 transportation law, in relation to abolishing
the interagency
coordinating committee on rural public transportation; to amend the
vehicle and traffic law, in relation to rules and regulations for the
tow truck and agricultural industries;
to amend the general business 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 general business law, relating
to the barbers board, the armored car carrier advisory board and
the
appearance enhancement advisory committee;
to repeal certain provisions of the executive law,
relating to the New York statewide law enforcement telecommunications
committee, the Long Island sound coastal advisory commission and 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 section 216-b of the
vehicle and traffic law, relating to the tow truck advisory board; to
repeal section 7 of chapter 654 of the laws of 1994, amending the
transportation law and the vehicle and traffic law, relating to equipment
requirements for registered farm vehicles, relating to the
agricultural transportation review panel; to
repeal article 4 of the state technology law, relating to the
statewide wireless network advisory council; to repeal chapter 868
of the laws of 1976, establishing the organic food advisory committee,
relating thereto;
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


PURPOSE:
To eliminate commissions, boards and committees that are no
longer necessary to provide the services they once did while
also decreasing current state bureaucracy and consolidate
their responsibilities.

SUMMARY OF PROVISIONS:

Section 1: Repeals the New York State Collectable Series Panel.

Section 2: Section 57.03 of the Arts and Cultural Affairs Law is
amended by adding a new subdivision 7 that give the powers and
responsibilities of the Empire State Plaza Art commission to the
Office of State History.

Section 3: Eliminates the Empire State Plaza Arts Commission.

Section 4: Grants the responsibilities for the Secretary of State for
promulgating rules and regulations.

Section 5: Eliminates the Barbers Board.

Section 6: Eliminates the New York State-wide Law Enforcement
Telecommunications Committee.

Section 7: Amends Section 16 of the Agriculture and Markets Law
transferring responsibilities of the Apiary and Plant Industry
Advisory Boards to the Commissioner of Agriculture and Markets in
consultations with the apiary and plant industry.

Section 8: Eliminates the Apiary and Plant Industry Advisory Boards.

Section 9: Repeals section 73-c of the transportation law eliminating
the word committee.

Section 10: Eliminates the Interagency coordinating committee on rural
public transportation.

Section 11-14: Grants the duties and responsibilities of the
Interagency Coordinating Committee on Rural Public Transportation to
the Commissioner of Transportation who will consult various
government departments.

Section 15: Amends Section 215 of the vehicle and traffic law by
adding two new subdivisions (d) and (e) that gives the powers and
responsibilities of the Tow Truck Advisory Board and the Agricultural
Transportation Review Panel to the Commissioner of Transportation

Section 16: Eliminates the Tow Truck Advisory Board.

Section 17: Repeals Section 7 of Chapter 654 of the laws of 1994
relating to equipment requirements for registered farm vehicles
(Agricultural Transportation Review Panel).

Section 18: Eliminates the New York statewide law enforcement
telecommunications committee.


Section 19: Eliminates the Organic Food Advisory Committee.

Section 20: Eliminates the Armored Car Carrier Advisory Board.

Section 21: empowers the Secretary of State with the duties of the
armored car carrier advisory board.

Section 22: Repeals the Armored Car Carrier Advisory Board.

Section 23: Eliminates the definition of board.

Section 24: Eliminates the term board from the definition of the
Qualified firearms training course.

Section 25: Eliminates the language "upon the recommendation and with
the general advice of the board."

Section 26: Eliminates the term board.

Section 27: Eliminates the Long Island Sound Coastal Advisory
Commission.

Section 28: Eliminates the State Camp Safety Advisory Council.

Section 29: Allows the Commissioner of Health to consult with
representatives of consumer interests, licensed funeral home
directors, undertakers or embalmers and cemetery corporations.

Section 30: Eliminates the Funeral Directing Advisory Board.

Section 31-32: Eliminates the Appearance Enhancement Advisory Committee.

Section 33: Amends Section 404 of the general business law to give the
powers and duties of the Appearance Enhancement Advisory Committee to
the Secretary of State.

Section 34: Eliminates the definition Advisory Council.

Section 35: Requires the Secretary of State to consult with those in
the manufactured housing industry regarding potential changes to
regulations.

Section 36: Repeals Section 611 and 612 of the executive law
eliminating Manufactured Housing Advisory council and its powers and
duties.

Section 37: Eliminates the child performer advisory board.

Section 38: This act shall take effect immediately.

JUSTIFICATION:
New York State Government is constantly changing and
evolving. It is important that current law reflects those changes
to provide for a more efficient, streamlined state government. This
legislation eliminates commissions, boards and committees that are no
longer necessary to provide the services they once did and assist in
decreasing current State bureaucracy and consolidate responsibilities.


LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The bill shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6194--A

                            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

AN ACT to amend the arts and cultural affairs law, in relation to  works
  of  art  in the empire state plaza; to amend the general business law,
  in relation to the rules and regulations for nail  specialty,  natural
  hair styling, aesthetics and cosmetology; 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
  transportation  law, in relation to abolishing the interagency coordi-
  nating committee on rural public transportation; to amend the  vehicle
  and  traffic  law,  in  relation  to rules and regulations for the tow
  truck and agricultural industries; to amend the general business  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  general  business
  law,  relating  to the barbers board, the armored car carrier advisory
  board and the appearance enhancement  advisory  committee;  to  repeal
  certain  provisions  of  the  executive  law, relating to the New York
  statewide  law  enforcement  telecommunications  committee,  the  Long
  Island  sound coastal advisory commission and the manufactured housing
  advisory council; to repeal sections 169-c and 169-d of  the  agricul-
  ture  and markets law, relating to the plant and apiary industry advi-
  sory committees; to repeal certain provisions  of  the  transportation
  law,  relating  to  the  interagency  coordinating  committee on rural
  public transportation; to repeal section  216-b  of  the  vehicle  and
  traffic  law,  relating  to  the  tow  truck advisory board; to repeal
  section 7 of chapter 654 of the laws of 1994, amending the transporta-
  tion law and the  vehicle  and  traffic  law,  relating  to  equipment
  requirements  for  registered  farm vehicles, relating to the agricul-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11286-06-2

S. 6194--A                          2

  tural transportation review panel; to repeal article 4  of  the  state
  technology  law,  relating  to the statewide wireless network advisory
  council; to repeal chapter 868 of the laws of 1976,  establishing  the
  organic  food  advisory committee, relating thereto; 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:

  Section 1. Section 74-a of the state law is REPEALED.
  S 2.  Section 57.03 of the arts and cultural affairs law is amended by
adding a new subdivision 7 to read as follows:
  7.  (A) TO MAKE RECOMMENDATIONS TO STATE AGENCIES REGARDING THE CUSTO-
DY, DISPLAY, CONSERVATION, PRESERVATION AND MAINTENANCE OF WORKS OF  ART
IN THE EMPIRE STATE PLAZA UNDER THE JURISDICTION OF SUCH AGENCIES;
  (B) TO APPRAISE AND CATALOGUE WORKS OF ART IN THE EMPIRE STATE PLAZA;
  (C)  TO  ADVISE  AND  ASSIST  STATE  AGENCIES  IN  THE PREPARATION AND
DISTRIBUTION OF PUBLICATIONS BY SUCH AGENCIES;
  (D) TO MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE  AND  THE
COMMISSIONER  OF GENERAL SERVICES REGARDING THE PURCHASE OF WORKS OF ART
FOR DISPLAY AT THE EMPIRE STATE PLAZA;
  (E) TO SOLICIT AND ACQUIRE BY GIFT, GRANT OR LOAN SUCH  WORKS  OF  ART
FOR  DISPLAY  AT  THE  EMPIRE  STATE PLAZA AS IT DEEMS TO BE IN THE BEST
INTERESTS OF THE PEOPLE OF THE STATE;
  (F) TO ENTER INTO SUCH CONTRACTS AS MAY BE  NECESSARY  OR  APPROPRIATE
FOR THE PERFORMANCE OF THE FUNCTIONS VESTED IN IT BY THIS ARTICLE;
  (G) TO RENDER SUCH ASSISTANCE AS THE LEGISLATURE OR EITHER HOUSE THER-
EOF  MAY  REQUEST  WITH  RESPECT  TO THE LEGISLATIVE OFFICE BUILDING AND
OTHER OFFICES AND FACILITIES OF THE  LEGISLATURE  IN  THE  EMPIRE  STATE
PLAZA;
  (H)  TO  RENDER  SUCH  ASSISTANCE AS THE COMMISSIONER OF EDUCATION MAY
REQUEST WITH RESPECT TO THE CULTURAL EDUCATION CENTER;
  (I) TO SOLICIT AND ACCEPT GIFTS, CONTRIBUTIONS AND  BEQUEST  OF  FUNDS
FROM  INDIVIDUALS,  FOUNDATIONS, CORPORATIONS AND OTHER ORGANIZATIONS OR
INSTITUTIONS FOR PURPOSES OF THE COMMISSION.  ALL FUNDS FROM SUCH GIFTS,
CONTRIBUTIONS AND BEQUESTS SHALL BE DEPOSITED IN A STATE FIDUCIARY FUND,
EXPENDITURES FROM WHICH SHALL BE LIMITED TO THE PURPOSES  SET  FORTH  IN
THIS ARTICLE;
  (J)  TO  ESTABLISH A PROGRAM, IN CONSULTATION WITH THE COMMISSIONER OF
GENERAL SERVICES, FOR THE  PROMOTION  OF  THE  EMPIRE  STATE  PLAZA  ART
COLLECTION  TO  THE PUBLIC THROUGH SUCH MEANS AS DETERMINED TO BE APPRO-
PRIATE, INCLUDING, BUT NOT  LIMITED  TO,  EDUCATIONAL  SEMINARS,  REMOTE
EXHIBITIONS,  SPECIAL  EVENTS  AND  THE  SALE  OF  SOUVENIRS OR MEMENTOS
RELATED TO THE COLLECTION. ALL RECEIPTS FROM PROMOTIONAL  EFFORTS  SHALL
BE DEPOSITED IN A STATE FIDUCIARY FUND, EXPENDITURES FROM WHICH SHALL BE
LIMITED TO THE PURPOSES SET FORTH IN THIS ARTICLE; AND
  (K)  TO  APPOINT  A CURATOR AND ASSOCIATED EMPLOYEES, PRESCRIBE POWERS
AND DUTIES OF THE CURATOR, AND SHALL FIX HIS OR HER COMPENSATION  WITHIN
THE AMOUNTS APPROPRIATED THEREFOR.
  S 3. Article 4 of the arts and cultural affairs law is REPEALED.
  S  4.  Section  404 of the general business law, as amended by chapter
341 of the laws of 1998, is amended to read as follows:

S. 6194--A                          3

  S 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,  waxers,  natural  hair  stylists,  estheticians, and
cosmetologists and the provision of service by nail specialists, waxers,
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 busi-
ness 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,] AND any other
state agencies and private industry representatives as may be  appropri-
ate in determining minimum training requirements.
  S 5. Section 433-a of the general business law is REPEALED.
  S 6. Section 844-a of the executive law is REPEALED.
  S  7.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. WHEN CONSIDERING PLANS, POLICIES AND PROGRAMS PURSUANT TO  ARTICLE
FOURTEEN OF THIS CHAPTER, THE COMMISSIONER SHALL CONSULT WITH THE APIARY
INDUSTRY,  INCLUDING,  BUT  NOT  LIMITED  TO  COMMERCIAL  AND  PART-TIME
BEE-KEEPERS, HORTICULTURE OR VEGETABLE GROWERS, THE CORNELL  COOPERATIVE
EXTENSION AND THE PLANT INDUSTRY.
  S  8.  Sections 169-c and 169-d of the agriculture and markets law are
REPEALED.
  S 9. Subdivision 3 of  section  73-c  of  the  transportation  law  is
REPEALED.
  S 10. Section 73-d of the transportation law is REPEALED.
  S  11.  Subdivision  2  and  the opening paragraph of subdivision 5 of
section 73-e of the transportation law, as amended by chapter 562 of the
laws of 1987, are amended and a new subdivision 6 is added  to  read  as
follows:
  2.  Eligible expenses and services.  The department shall[, in consul-
tation with the  interagency  coordinating  committee  on  rural  public
transportation,]  define  and  determine  the  categories  or  types  of
expenses or services that will be  eligible  for  financial  assistance.
Public  transportation  services  funded  under  this  article should be
designed to maximize  usage  by  the  public,  including  transportation
disadvantaged  persons.  Rail,  air,  water, freight, emergency medical,
charter or tour  transportation  services  shall  not  be  eligible  for
assistance  provided by this article. No payment of financial assistance
under this section shall be made for any expenses incurred  by  a  rural
county  or  its  subcontractors  prior  to  the date it receives written
notice from the commissioner that it shall be awarded a grant under this
article.
  Coordination of federal, state, local and  private  aid;  report.  The
department may compile and maintain current information on available and
pending  federal,  state,  local  and  private aid affecting coordinated
public transportation services in rural counties.   The  department  may
request and shall be entitled to receive information from state or local
agencies  regarding  the amount of federal, state and local aid received

S. 6194--A                          4

by public and private nonprofit organizations providing  or  contracting
for  transportation  services  and  the  purpose  for  which  the aid is
received. The commissioner may[, in consultation  with  the  interagency
coordinating  committee on rural public transportation,] use the follow-
ing criteria to recommend policies to the governor and  the  legislature
that  would or could promote compliance with the purposes of this subdi-
vision:
  6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT  WITH
THE  OFFICE  FOR  THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE
FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES;  AND  THE  DEPARTMENTS  OF
LABOR,  HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE
STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR  YOUTH  AND  REPRESEN-
TATION  OF  CONSUMERS  AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL
COUNTIES.
  S 12. Subdivision 1 of section 73-h  of  the  transportation  law,  as
amended  by  chapter  562  of  the  laws  of 1987, is amended to read as
follows:
  1. For those rural counties having an approved and implemented coordi-
nated public transportation service plan which has  maintained  existing
levels of funding used for transportation by the coordinated service and
has  documented  the need for additional operating aid, the commissioner
may[, in consultation with the  interagency  coordinating  committee  on
rural  public  transportation,] grant up to twenty-five thousand dollars
per year for operating aid for up to five successive years,  subject  to
annual  appropriations to be included in the state budget.  Such aid may
be extended annually when the county  or  operator  of  the  coordinated
public  transportation  service has adequately demonstrated the need for
such continued aid and that criteria for continuing aid  established  by
rules issued by the commissioner have been met.
  S  13. Subdivisions 6, 14 and 15 of section 73-j of the transportation
law, subdivision 6 as amended by chapter 562 of the  laws  of  1987  and
subdivisions  14  and  15 as amended by chapter 659 of the laws of 1989,
are amended to read as follows:
  6. Except as provided for in section seventy-three-g of this  article,
a  rural  county's  apportionment  of funds made available in accordance
with this article may be used for capital, operating and or  administra-
tive  assistance to provide rural public transportation. The commission-
er[, in consultation with  the  interagency  coordinating  committee  on
rural  public  transportation,] may award other grants for operating and
capital expenses.
  14. Notwithstanding any  other  provisions  of  this  article  to  the
contrary,  no  application  for  financial  assistance  made pursuant to
section seventy-three-g of this article shall be awarded by the  commis-
sioner  for  less  than fifty-five thousand dollars or for less than the
amount requested unless the commissioner shall,  in  writing,  prior  to
making  the  award, each year certify the reasons why such applicant was
awarded less than fifty-five thousand dollars or  an  amount  less  than
requested.  Such  certification,  including the reasons for such action,
shall be sent to the applicant, [the interagency coordinating  committee
on  rural  public  transportation,]  the secretary of the senate finance
committee, the secretary of the assembly ways and means  committee,  the
director of the office of rural affairs and the director of the legisla-
tive commission on the development of rural resources.
  15.  Notwithstanding  any  other  provisions  of  this  article to the
contrary, no grant for operating aid, as authorized by section  seventy-
three-h of this article, shall be made by the commissioner to any county

S. 6194--A                          5

for  less  than  thirty-five thousand dollars in any one year unless the
commissioner shall, in writing, prior to making  the  grant,  each  year
certify  the  reasons  why such county was awarded less than thirty-five
thousand  dollars.  Such  certification  including  the reasons for such
action shall be sent  to  such  county,  [the  interagency  coordinating
committee  on  rural public transportation,] the secretary of the senate
finance committee, the secretary of the assembly ways and means  commit-
tee, the director of the office of rural affairs and the director of the
legislative commission on the development of rural resources.
  S  14. Section 73-p of the transportation law, as added by chapter 895
of the laws of 1986, is amended to read as follows:
  S 73-p. Department report. Commencing December thirty-first,  nineteen
hundred  eighty-seven,  the  department[,  in cooperation with the state
interagency coordinating  committee  on  rural  public  transportation,]
shall prepare and submit to the governor and the legislature a report on
or  before  the  first  day of January of each year, which shall include
information relating to the operation of coordinated public  transporta-
tion services in rural counties then being funded under this article and
any   recommendations  for  overall  program  improvement;  stating  the
receipts and disbursements made during the  preceding  fiscal  year  and
adequacy  of  programs financed by federal, state, local and private aid
in rural counties  of  the  state.  The  department  shall  analyze  the
programs  financed in accordance with this article and recommend methods
of  avoiding  duplication  and  increasing  the  efficacy  of   programs
financed.  The  department  shall receive comments from the officers and
agents of affected state and local  government  units  relative  to  the
department's analysis.
  S  15. Section 215 of the vehicle and traffic law is amended by adding
two new subdivisions (d) and (e) to read as follows:
  (D) THE COMMISSIONER SHALL CONSULT WITH  REPRESENTATIVES  OF  THE  TOW
TRUCK  INDUSTRY, THROUGHOUT THE STATE INCLUDING THE HEAVY DUTY TOW TRUCK
INDUSTRY, AUTOMOBILE CLUBS, POLICE AGENCIES AND LOCAL GOVERNMENT CONSUM-
ER PROTECTION AGENCIES PRIOR TO DEVELOPING OR  AMENDING  REGULATIONS  OR
GUIDANCE ON TOW TRUCK SAFETY AND OPERATIONS, STANDARDS FOR LICENSURE AND
INSPECTION OF TOW TRUCKS AND REQUIREMENTS AND QUALIFICATIONS FOR DRIVERS
THEREOF.
  (E)  THE  COMMISSIONER  SHALL  CONSULT WITH AGRICULTURAL ORGANIZATIONS
INCLUDING NEW  YORK  STATE  FARM  BUREAU;  AGRI-BUSINESSES  AND  FARMERS
INVOLVED  IN  THE  TRANSPORTATION  OF  AGRICULTURAL  INPUTS, SUPPLIES OR
COMMODITIES; CORNELL COOPERATIVE EXTENSION; THE DEPARTMENTS OF  AGRICUL-
TURE  AND MARKETS, TRANSPORTATION, AND THE STATE POLICE, PRIOR TO DEVEL-
OPING OR AMENDING REGULATIONS OR  GUIDANCE  REGARDING  THE  AGRICULTURAL
VEHICLES AND EQUIPMENT. THE COMMISSIONER SHALL PERIODICALLY CONSULT SUCH
ENTITIES  AS  TO  WAIVERS  NEEDED  FROM THE FEDERAL MOTOR CARRIER SAFETY
REGULATIONS.
  S 16. Section 216-b of the vehicle and traffic law is REPEALED.
  S 17. Section 7 of chapter 654 of  the  laws  of  1994,  amending  the
transportation law and the vehicle and traffic law relating to equipment
requirements for registered farm vehicles, is REPEALED.
  S 18. Article 4 of the state technology law is REPEALED.
  S  19.  Chapter 868 of the laws of 1976, establishing the organic food
advisory committee, is REPEALED.
  S 20. Subdivision 5 of section 89-bbb of the general business  law  is
REPEALED.
  S  21. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:

S. 6194--A                          6

  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations  necessary  for  the  proper  conduct of the business authorized
under this article, and not inconsistent herewith. THE SECRETARY  SHALL,
IN  IMPLEMENTING  THIS  ARTICLE,  CONSULT  WITH  THE ARMORED CAR CARRIER
INDUSTRY, INCLUDING, BUT NOT LIMITED TO DOMESTIC  AND  FOREIGN  CARRIERS
AND THE NEW YORK ARMORED CAR ASSOCIATION, INC.
  S 22. Section 89-mmm of the general business law is REPEALED.
  S  23.  Subdivision 5 of section 89-ppp of the general business law is
REPEALED.
  S 24. Subdivision 13 of section 89-ppp of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  13. "Qualified firearms training course" means a  minimum  forty-seven
hour  firearms  training  course for armored car guards that is specific
and germane to the armored car carrier industry, recognized by the divi-
sion in consultation with the [board] ARMORED CAR CARRIER  INDUSTRY  AND
THE NEW YORK ARMORED CAR ASSOCIATION, INC.
  S  25. Subdivision 4 of section 89-sss of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  4. The commissioner[, upon the recommendation  and  with  the  general
advice of the board,] shall waive the training requirements specified in
subdivision  one of this section, with respect to applicants employed by
armored car carriers, if the applicant provides  appropriate  documenta-
tion  to  demonstrate  that  he  or  she  was  or is subject to training
requirements which meet or exceed the requirements established  pursuant
to such subdivision.
  S  26. Section 89-yyy of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-yyy. Regulations. The secretary and commissioner, in consultation
with the [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW  YORK  ARMORED
CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate
rules  and  regulations necessary for the proper conduct of the business
authorized under this article, and not inconsistent herewith.
  S 27. Section 923 of the executive law is REPEALED.
  S 28. Section 1390 of the public health law is REPEALED.
  S 29. Subdivision 1 of section  3401  of  the  public  health  law  is
amended to read as follows:
  1.  The commissioner may, from time to time, make and adopt such rules
and regulations not inconsistent with law as may be necessary (a) in the
performance of his duties and in the administration of the provisions of
this article; and (b) to govern and regulate the conduct and transaction
of the business and  practice  of  funeral  directing,  undertaking  and
embalming.    THE  COMMISSIONER  SHALL,  IN  IMPLEMENTING THIS TITLE AND
REVISING REGULATIONS,  CONSULT  WITH  THE  REPRESENTATIVES  OF  CONSUMER
INTERESTS,  LICENSED  FUNERAL  DIRECTORS,  UNDERTAKERS OR EMBALMERS, AND
CEMETERY CORPORATIONS.
  S 30. Section 3402 of the public health law is REPEALED.
  S 31. Subdivision 5 of section 402 of the  general  business  law,  as
added by chapter 509 of the laws of 1992, is amended to read as follows:
  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 appli-
cants taking  examinations  and  their  qualifications,  and  the  other
matters incidental or appropriate to the powers and duties of the secre-
tary as prescribed by this article and for the proper administration and

S. 6194--A                          7

enforcement  of the provisions of this article.  THE SECRETARY SHALL, IN
IMPLEMENTING THIS TITLE AND REVISING REGULATIONS, CONSULT  WITH  PERSONS
ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING,
AESTHETICS,  COSMETOLOGY, IN TRAINING OF PERSONS FOR SUCH PRACTICES, AND
LICENSED DERMATOLOGISTS.
  S 32. Section 403 of the general business law is REPEALED.
  S 33. Section 404 of the general business law, as amended  by  chapter
341 of the laws of 1998, is amended to read as follows:
  S 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,  waxers,  natural  hair  stylists,  estheticians, and
cosmetologists and the provision of service by nail specialists, waxers,
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 busi-
ness 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  appropri-
ate in determining minimum training requirements.
  S 34. Subdivision 14 of section 601 of the executive law is REPEALED.
  S  35. Subdivision 12 of section 604 of the executive law, as added by
chapter 729 of the laws of 2005, is amended and a new subdivision 13  is
added to read as follows:
  12. To create and maintain a consumer awareness pamphlet[, in conjunc-
tion  with  the  advisory  council,]  to include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  13. THE SECRETARY SHALL, IN IMPLEMENTING  THIS  ARTICLE  AND  REVISING
REGULATIONS,  CONSULT  WITH  INSTALLERS, PARK RESIDENCE ADVOCACY ASSOCI-
ATIONS, RETAILERS, AND MANUFACTURED HOME  INDUSTRY  TRADE  ASSOCIATIONS,
MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING
ISSUES,  CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED HOUSING
ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS.
  S 36. Sections 611 and 612 of the executive law are REPEALED.
  S 37. Section 154 of the labor law is REPEALED.
  S 38. This act shall take effect immediately.

S6194B - Bill Details

Current Committee:
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Rpld §74-a, State L; amd §57.03, rpld Art 4, Arts & Cul L; amd §§89-ppp, 89-sss, 89-yyy, 402 & 404, rpld §403, Gen Bus L; rpld §601 sub 14, §611 & §612, amd §604, Exec L; amd §16, rpld §§169-c & 169-d, Ag & Mkts L; rpld §73-c sub 3, §73-d, amd §§73-e, 73-h, 73-j & 73-p, Transp L; rpld §§1390 & 3402, amd §3401, Pub Health L; rpld §154, Lab L

S6194B - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S6194B

TITLE OF BILL:
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 transportation law, in relation to abolishing
the interagency
coordinating committee on rural public transportation;
to amend the general business 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 general 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

PURPOSE:
To eliminate commissions, boards and committees that are no
longer necessary to provide the services they once did while also
decreasing current state bureaucracy and consolidate their
responsibilities.

SUMMARY OF PROVISIONS:
Section 1: Repeals the New York State Collectable Series Panel.

Section 2: Section 57.03 of the Arts and Cultural Affairs Law is
amended by adding a new subdivision 7 that give the powers and
responsibilities of the Empire State Plaza Art commission to the
Office of State History.

Section 3: Eliminates the Empire State Plaza Arts Commission.

Section 4: Amends Section 16 of the Agriculture and Markets Law
transferring responsibilities of the Apiary and Plant Industry
Advisory Boards to the Commissioner of Agriculture and Markets in
consultations with the apiary and plant industry.

Section 5: Eliminates the Apiary and Plant Industry Advisory Boards.

Section 6: Repeals section 73-c of the transportation law eliminating
the word committee.

Section 7: Eliminates the Interagency coordinating committee on rural
public transportation.

Section 8-11: Grants the duties and responsibilities of the
Interagency Coordinating Committee on Rural Public Transportation to
the Commissioner of Transportation who will consult various
government departments.

Section 12-14: Provides language transferring the responsibilities of
the Armored Cars Advisory Board.

Section 15: Eliminates the State Camp Safety Advisory Council

Section 16: Allows the Commissioner of Health to consult with
representatives of consumer interests, licensed funeral home
directors, undertakers or embalmers and cemetery corporations.

Section 17: Eliminates the Funeral Directing Advisory Board.

Sections 18 and 20: Amends Section 404 of the general business law to
give the powers and duties of the Appearance Enhancement Advisory
Committee to the Secretary of State.

Section 19: Eliminates the Appearance Enhancement Advisory Committee.

Section 21: Eliminates the definition for Advisory Council.

Section 22: Requires the Secretary of State to consult with those in
the manufactured housing industry regarding potential changes to
regulations.

Section 23: Repeals Section 611 and 612 of the executive law
eliminating Manufactured Housing Advisory council and its powers and
duties.

Section 24: Eliminates the child performer advisory board.

Section 25: This act shall take effect immediately.

JUSTIFICATION:
New York State Government is constantly changing and
evolving. It is important that current law reflects those changes to
provide for a more efficient, streamlined state government. This
legislation eliminates commissions, boards and committees that are no
longer necessary to provide the services they once did and assist in
decreasing current State bureaucracy and consolidate responsibilities.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The bill shall take effect immediately.

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                    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

  Section 1. Section 74-a of the state law is REPEALED.
  S 2.  Section 57.03 of the arts and cultural affairs law is amended by
adding a new subdivision 7 to read as follows:
  7.  (A) TO MAKE RECOMMENDATIONS TO STATE AGENCIES REGARDING THE CUSTO-
DY, DISPLAY, CONSERVATION, PRESERVATION AND MAINTENANCE OF WORKS OF  ART
IN THE EMPIRE STATE PLAZA UNDER THE JURISDICTION OF SUCH AGENCIES;
  (B) TO APPRAISE AND CATALOGUE WORKS OF ART IN THE EMPIRE STATE PLAZA;
  (C)  TO  ADVISE  AND  ASSIST  STATE  AGENCIES  IN  THE PREPARATION AND
DISTRIBUTION OF PUBLICATIONS BY SUCH AGENCIES;
  (D) TO MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE  AND  THE
COMMISSIONER  OF GENERAL SERVICES REGARDING THE PURCHASE OF WORKS OF ART
FOR DISPLAY AT THE EMPIRE STATE PLAZA;
  (E) TO SOLICIT AND ACQUIRE BY GIFT, GRANT OR LOAN SUCH  WORKS  OF  ART
FOR  DISPLAY  AT  THE  EMPIRE  STATE PLAZA AS IT DEEMS TO BE IN THE BEST
INTERESTS OF THE PEOPLE OF THE STATE;
  (F) TO ENTER INTO SUCH CONTRACTS AS MAY BE  NECESSARY  OR  APPROPRIATE
FOR THE PERFORMANCE OF THE FUNCTIONS VESTED IN IT BY THIS ARTICLE;
  (G) TO RENDER SUCH ASSISTANCE AS THE LEGISLATURE OR EITHER HOUSE THER-
EOF  MAY  REQUEST  WITH  RESPECT  TO THE LEGISLATIVE OFFICE BUILDING AND
OTHER OFFICES AND FACILITIES OF THE  LEGISLATURE  IN  THE  EMPIRE  STATE
PLAZA;
  (H)  TO  RENDER  SUCH  ASSISTANCE AS THE COMMISSIONER OF EDUCATION MAY
REQUEST WITH RESPECT TO THE CULTURAL EDUCATION CENTER;
  (I) TO SOLICIT AND ACCEPT GIFTS, CONTRIBUTIONS AND  BEQUEST  OF  FUNDS
FROM  INDIVIDUALS,  FOUNDATIONS, CORPORATIONS AND OTHER ORGANIZATIONS OR
INSTITUTIONS FOR PURPOSES OF THE COMMISSION.  ALL FUNDS FROM SUCH GIFTS,
CONTRIBUTIONS AND BEQUESTS SHALL BE DEPOSITED IN A STATE FIDUCIARY FUND,
EXPENDITURES FROM WHICH SHALL BE LIMITED TO THE PURPOSES  SET  FORTH  IN
THIS ARTICLE;
  (J)  TO  ESTABLISH A PROGRAM, IN CONSULTATION WITH THE COMMISSIONER OF
GENERAL SERVICES, FOR THE  PROMOTION  OF  THE  EMPIRE  STATE  PLAZA  ART
COLLECTION  TO  THE PUBLIC THROUGH SUCH MEANS AS DETERMINED TO BE APPRO-
PRIATE, INCLUDING, BUT NOT  LIMITED  TO,  EDUCATIONAL  SEMINARS,  REMOTE
EXHIBITIONS,  SPECIAL  EVENTS  AND  THE  SALE  OF  SOUVENIRS OR MEMENTOS
RELATED TO THE COLLECTION. ALL RECEIPTS FROM PROMOTIONAL  EFFORTS  SHALL
BE DEPOSITED IN A STATE FIDUCIARY FUND, EXPENDITURES FROM WHICH SHALL BE
LIMITED TO THE PURPOSES SET FORTH IN THIS ARTICLE; AND
  (K)  TO  APPOINT  A CURATOR AND ASSOCIATED EMPLOYEES, PRESCRIBE POWERS
AND DUTIES OF THE CURATOR, AND SHALL FIX HIS OR HER COMPENSATION  WITHIN
THE AMOUNTS APPROPRIATED THEREFOR.
  S 3. Article 4 of the arts and cultural affairs law is REPEALED.
  S  4.    Section  16  of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. WHEN CONSIDERING PLANS, POLICIES AND PROGRAMS PURSUANT TO  ARTICLE
FOURTEEN OF THIS CHAPTER, THE COMMISSIONER SHALL CONSULT WITH THE APIARY
INDUSTRY,  INCLUDING,  BUT  NOT  LIMITED  TO  COMMERCIAL  AND  PART-TIME
BEE-KEEPERS, HORTICULTURE OR VEGETABLE GROWERS, THE CORNELL  COOPERATIVE
EXTENSION AND THE PLANT INDUSTRY.
  S  5.  Sections 169-c and 169-d of the agriculture and markets law are
REPEALED.
  S 6. Subdivision 3 of  section  73-c  of  the  transportation  law  is
REPEALED.
  S 7. Section 73-d of the transportation law is REPEALED.
  S  8.  Subdivision  2  and  the  opening paragraph of subdivision 5 of
section 73-e of the transportation law, as amended by chapter 562 of the

S. 6194--B                          3

laws of 1987, are amended and a new subdivision 6 is added  to  read  as
follows:
  2.  Eligible expenses and services.  The department shall[, in consul-
tation with the  interagency  coordinating  committee  on  rural  public
transportation,]  define  and  determine  the  categories  or  types  of
expenses or services that will be  eligible  for  financial  assistance.
Public  transportation  services  funded  under  this  article should be
designed to maximize  usage  by  the  public,  including  transportation
disadvantaged  persons.  Rail,  air,  water, freight, emergency medical,
charter or tour  transportation  services  shall  not  be  eligible  for
assistance  provided by this article. No payment of financial assistance
under this section shall be made for any expenses incurred  by  a  rural
county  or  its  subcontractors  prior  to  the date it receives written
notice from the commissioner that it shall be awarded a grant under this
article.
  Coordination of federal, state, local and  private  aid;  report.  The
department may compile and maintain current information on available and
pending  federal,  state,  local  and  private aid affecting coordinated
public transportation services in rural counties.   The  department  may
request and shall be entitled to receive information from state or local
agencies  regarding  the amount of federal, state and local aid received
by public and private nonprofit organizations providing  or  contracting
for  transportation  services  and  the  purpose  for  which  the aid is
received. The commissioner may[, in consultation  with  the  interagency
coordinating  committee on rural public transportation,] use the follow-
ing criteria to recommend policies to the governor and  the  legislature
that  would or could promote compliance with the purposes of this subdi-
vision:
  6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT  WITH
THE  OFFICE  FOR  THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE
FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES;  AND  THE  DEPARTMENTS  OF
LABOR,  HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE
STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR  YOUTH  AND  REPRESEN-
TATION  OF  CONSUMERS  AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL
COUNTIES.
  S 9. Subdivision 1 of section  73-h  of  the  transportation  law,  as
amended  by  chapter  562  of  the  laws  of 1987, is amended to read as
follows:
  1. For those rural counties having an approved and implemented coordi-
nated public transportation service plan which has  maintained  existing
levels of funding used for transportation by the coordinated service and
has  documented  the need for additional operating aid, the commissioner
may[, in consultation with the  interagency  coordinating  committee  on
rural  public  transportation,] grant up to twenty-five thousand dollars
per year for operating aid for up to five successive years,  subject  to
annual  appropriations to be included in the state budget.  Such aid may
be extended annually when the county  or  operator  of  the  coordinated
public  transportation  service has adequately demonstrated the need for
such continued aid and that criteria for continuing aid  established  by
rules issued by the commissioner have been met.
  S  10. Subdivisions 6, 14 and 15 of section 73-j of the transportation
law, subdivision 6 as amended by chapter 562 of the  laws  of  1987  and
subdivisions  14  and  15 as amended by chapter 659 of the laws of 1989,
are amended to read as follows:
  6. Except as provided for in section seventy-three-g of this  article,
a  rural  county's  apportionment  of funds made available in accordance

S. 6194--B                          4

with this article may be used for capital, operating and or  administra-
tive  assistance to provide rural public transportation. The commission-
er[, in consultation with  the  interagency  coordinating  committee  on
rural  public  transportation,] may award other grants for operating and
capital expenses.
  14. Notwithstanding any  other  provisions  of  this  article  to  the
contrary,  no  application  for  financial  assistance  made pursuant to
section seventy-three-g of this article shall be awarded by the  commis-
sioner  for  less  than fifty-five thousand dollars or for less than the
amount requested unless the commissioner shall,  in  writing,  prior  to
making  the  award, each year certify the reasons why such applicant was
awarded less than fifty-five thousand dollars or  an  amount  less  than
requested.  Such  certification,  including the reasons for such action,
shall be sent to the applicant, [the interagency coordinating  committee
on  rural  public  transportation,]  the secretary of the senate finance
committee, the secretary of the assembly ways and means  committee,  the
director of the office of rural affairs and the director of the legisla-
tive commission on the development of rural resources.
  15.  Notwithstanding  any  other  provisions  of  this  article to the
contrary, no grant for operating aid, as authorized by section  seventy-
three-h of this article, shall be made by the commissioner to any county
for  less  than  thirty-five thousand dollars in any one year unless the
commissioner shall, in writing, prior to making  the  grant,  each  year
certify  the  reasons  why such county was awarded less than thirty-five
thousand dollars. Such certification  including  the  reasons  for  such
action  shall  be  sent  to  such  county, [the interagency coordinating
committee on rural public transportation,] the secretary of  the  senate
finance  committee, the secretary of the assembly ways and means commit-
tee, the director of the office of rural affairs and the director of the
legislative commission on the development of rural resources.
  S 11. Section 73-p of the transportation law, as added by chapter  895
of the laws of 1986, is amended to read as follows:
  S 73-p. Department  report. Commencing December thirty-first, nineteen
hundred eighty-seven, the department[, in  cooperation  with  the  state
interagency  coordinating  committee  on  rural  public transportation,]
shall prepare and submit to the governor and the legislature a report on
or before the first day of January of each  year,  which  shall  include
information  relating to the operation of coordinated public transporta-
tion services in rural counties then being funded under this article and
any  recommendations  for  overall  program  improvement;  stating   the
receipts  and  disbursements  made  during the preceding fiscal year and
adequacy of programs financed by federal, state, local and  private  aid
in  rural  counties  of  the  state.  The  department  shall analyze the
programs financed in accordance with this article and recommend  methods
of   avoiding  duplication  and  increasing  the  efficacy  of  programs
financed. The department shall receive comments from  the  officers  and
agents  of  affected  state  and  local government units relative to the
department's analysis.
  S 12. Subdivision 13 of section 89-ppp of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  13. "Qualified firearms training course" means a  minimum  forty-seven
hour  firearms  training  course for armored car guards that is specific
and germane to the armored car carrier industry, recognized by the divi-
sion in consultation with the [board] ARMORED CAR CARRIER  INDUSTRY  AND
THE NEW YORK ARMORED CAR ASSOCIATION, INC.

S. 6194--B                          5

  S  13. Subdivision 4 of section 89-sss of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  4.  The  commissioner[,  upon  the recommendation and with the general
advice of the board,] shall waive the training requirements specified in
subdivision one of this section, with respect to applicants employed  by
armored  car  carriers, if the applicant provides appropriate documenta-
tion to demonstrate that he  or  she  was  or  is  subject  to  training
requirements  which meet or exceed the requirements established pursuant
to such subdivision.
  S 14. Section 89-yyy of the general business law, as added by  chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-yyy. Regulations. The secretary and commissioner, in consultation
with  the  [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW YORK ARMORED
CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate
rules and regulations necessary for the proper conduct of  the  business
authorized under this article, and not inconsistent herewith.
  S 15. Section 1390 of the public health law is REPEALED.
  S  16.  Subdivision  1  of  section  3401  of the public health law is
amended to read as follows:
  1. The commissioner may, from time to time, make and adopt such  rules
and regulations not inconsistent with law as may be necessary (a) in the
performance of his duties and in the administration of the provisions of
this article; and (b) to govern and regulate the conduct and transaction
of  the  business  and  practice  of  funeral directing, undertaking and
embalming.   THE COMMISSIONER SHALL,  IN  IMPLEMENTING  THIS  TITLE  AND
REVISING  REGULATIONS,  CONSULT  WITH  THE  REPRESENTATIVES  OF CONSUMER
INTERESTS, LICENSED FUNERAL DIRECTORS,  UNDERTAKERS  OR  EMBALMERS,  AND
CEMETERY CORPORATIONS.
  S 17. Section 3402 of the public health law is REPEALED.
  S  18.  Subdivision  5  of section 402 of the general business law, as
added by chapter 509 of the laws of 1992, is amended to read as follows:
  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  appli-
cants  taking  examinations  and  their  qualifications,  and  the other
matters incidental or appropriate to the powers and duties of the secre-
tary as prescribed by this article and for the proper administration and
enforcement of the provisions of this article.  THE SECRETARY SHALL,  IN
IMPLEMENTING  THIS  TITLE AND REVISING REGULATIONS, CONSULT WITH PERSONS
ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING,
AESTHETICS, COSMETOLOGY, IN TRAINING OF PERSONS FOR SUCH PRACTICES,  AND
LICENSED DERMATOLOGISTS.
  S 19. Section 403 of the general business law is REPEALED.
  S  20.  Section 404 of the general business law, as amended by chapter
341 of the laws of 1998, is amended to read as follows:
  S 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,  waxers,  natural  hair  stylists,  estheticians,  and
cosmetologists and the provision of service by nail specialists, waxers,
natural   hair   stylists,  estheticians  or  cosmetologists  at  remote
locations other than the licensee's home provided that such practitioner

S. 6194--B                          6

holds an appearance enhancement business license to operate at  a  fixed
location or is employed by the holder of an appearance enhancement busi-
ness 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 appropri-
ate in determining minimum training requirements.
  S 21. Subdivision 14 of section 601 of the executive law is REPEALED.
  S 22. Subdivision 12 of section 604 of the executive law, as added  by
chapter  729 of the laws of 2005, is amended and a new subdivision 13 is
added to read as follows:
  12. To create and maintain a consumer awareness pamphlet[, in conjunc-
tion with the advisory council,] to include,  but  not  be  limited  to,
detailing  the  certification  process,  installer selection rights, the
dispute resolution process, the differences between the types  of  hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  13.  THE  SECRETARY  SHALL,  IN IMPLEMENTING THIS ARTICLE AND REVISING
REGULATIONS, CONSULT WITH INSTALLERS, PARK  RESIDENCE  ADVOCACY  ASSOCI-
ATIONS,  RETAILERS,  AND  MANUFACTURED HOME INDUSTRY TRADE ASSOCIATIONS,
MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING
ISSUES, CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED  HOUSING
ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS.
  S 23. Sections 611 and 612 of the executive law are REPEALED.
  S 24. Section 154 of the labor law is REPEALED.
  S 25. This act shall take effect immediately.

S6194C - Bill Details

Current Committee:
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Rpld §74-a, State L; amd §57.03, rpld Art 4, Arts & Cul L; amd §§89-ppp, 89-sss, 89-yyy, 402 & 404, rpld §403, Gen Bus L; rpld §601 sub 14, §611 & §612, amd §604, Exec L; amd §16, rpld §§169-c & 169-d, Ag & Mkts L; rpld §73-c sub 3, §73-d, amd §§73-e, 73-h, 73-j & 73-p, Transp L; rpld §§1390 & 3402, amd §3401, Pub Health L; rpld §154, Lab L

S6194C - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S6194C

TITLE OF BILL:
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 transportation law, in relation to abolishing
the interagency
coordinating committee on rural public transportation;
to amend the general business 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 general 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

PURPOSE:
To eliminate commissions, boards and committees that are no
longer necessary to provide the services they once did while also
decreasing current state bureaucracy and consolidate their
responsibilities.

SUMMARY OF PROVISIONS:
Section 1: Repeals the New York State Collectable Series Panel.

Section 2: Section 57.03 of the Arts and Cultural Affairs Law is
amended by adding a new subdivision 7 that give the powers and
responsibilities of the Empire State Plaza Art commission to the
Office of State History.

Section 3: Eliminates the Empire State Plaza Arts Commission.

Section 4: Amends Section 16 of the Agriculture and Markets Law
transferring responsibilities of the Apiary and Plant Industry
Advisory Boards to the Commissioner of Agriculture and Markets in
consultations with the apiary and plant industry.

Section 5: Eliminates the Apiary and Plant Industry Advisory Boards.

Section 6: Repeals section 73-c of the transportation law eliminating
the word committee.

Section 7: Eliminates the Interagency coordinating committee on rural
public transportation.

Section 8-11: Grants the duties and responsibilities of the
Interagency Coordinating Committee on Rural Public Transportation to
the Commissioner of Transportation who will consult various
government departments.

Section 12-14: Provides language transferring the responsibilities of
the Armored Cars Advisory Board.

Section 15: Allows the Commissioner of Health to consult with
representatives of consumer interests, licensed funeral home
directors, undertakers or embalmers and cemetery corporations.

Section 16: Eliminates the Funeral Directing Advisory Board.

Sections 17 and 19: Amends Sections 402 and 404
of the general business law to
give the powers and duties of the Appearance Enhancement Advisory
Committee to the Secretary of State.

Section 18: Eliminates the Appearance Enhancement Advisory Committee.

Section 20: Eliminates the definition for Advisory Council.

Section 21: Requires the Secretary of State to consult with those in
the manufactured housing industry regarding potential changes to
regulations.

Section 22: Repeals Section 611 and 612 of the executive law
eliminating Manufactured Housing Advisory council and its powers and
duties.

Section 23: Eliminates the child performer advisory board.

Section 24: This act shall take effect immediately.

JUSTIFICATION:
New York State Government is constantly changing and
evolving. It is important that current law reflects those changes to
provide for a more efficient, streamlined state government. This
legislation eliminates commissions, boards and committees that are no
longer necessary to provide the services they once did and assist in
decreasing current State bureaucracy and consolidate responsibilities.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The bill shall take effect immediately.

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                    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:

  Section 1. Section 74-a of the state law is REPEALED.
  S 2.  Section 57.03 of the arts and cultural affairs law is amended by
adding a new subdivision 7 to read as follows:
  7.  (A) TO MAKE RECOMMENDATIONS TO STATE AGENCIES REGARDING THE CUSTO-
DY, DISPLAY, CONSERVATION, PRESERVATION AND MAINTENANCE OF WORKS OF  ART
IN THE EMPIRE STATE PLAZA UNDER THE JURISDICTION OF SUCH AGENCIES;
  (B) TO APPRAISE AND CATALOGUE WORKS OF ART IN THE EMPIRE STATE PLAZA;
  (C)  TO  ADVISE  AND  ASSIST  STATE  AGENCIES  IN  THE PREPARATION AND
DISTRIBUTION OF PUBLICATIONS BY SUCH AGENCIES;
  (D) TO MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE  AND  THE
COMMISSIONER  OF GENERAL SERVICES REGARDING THE PURCHASE OF WORKS OF ART
FOR DISPLAY AT THE EMPIRE STATE PLAZA;
  (E) TO SOLICIT AND ACQUIRE BY GIFT, GRANT OR LOAN SUCH  WORKS  OF  ART
FOR  DISPLAY  AT  THE  EMPIRE  STATE PLAZA AS IT DEEMS TO BE IN THE BEST
INTERESTS OF THE PEOPLE OF THE STATE;
  (F) TO ENTER INTO SUCH CONTRACTS AS MAY BE  NECESSARY  OR  APPROPRIATE
FOR THE PERFORMANCE OF THE FUNCTIONS VESTED IN IT BY THIS ARTICLE;
  (G) TO RENDER SUCH ASSISTANCE AS THE LEGISLATURE OR EITHER HOUSE THER-
EOF  MAY  REQUEST  WITH  RESPECT  TO THE LEGISLATIVE OFFICE BUILDING AND
OTHER OFFICES AND FACILITIES OF THE  LEGISLATURE  IN  THE  EMPIRE  STATE
PLAZA;
  (H)  TO  RENDER  SUCH  ASSISTANCE AS THE COMMISSIONER OF EDUCATION MAY
REQUEST WITH RESPECT TO THE CULTURAL EDUCATION CENTER;
  (I) TO SOLICIT AND ACCEPT GIFTS, CONTRIBUTIONS AND  BEQUEST  OF  FUNDS
FROM  INDIVIDUALS,  FOUNDATIONS, CORPORATIONS AND OTHER ORGANIZATIONS OR
INSTITUTIONS FOR PURPOSES OF THE COMMISSION.  ALL FUNDS FROM SUCH GIFTS,
CONTRIBUTIONS AND BEQUESTS SHALL BE DEPOSITED IN A STATE FIDUCIARY FUND,
EXPENDITURES FROM WHICH SHALL BE LIMITED TO THE PURPOSES  SET  FORTH  IN
THIS ARTICLE;
  (J)  TO  ESTABLISH A PROGRAM, IN CONSULTATION WITH THE COMMISSIONER OF
GENERAL SERVICES, FOR THE  PROMOTION  OF  THE  EMPIRE  STATE  PLAZA  ART
COLLECTION  TO  THE PUBLIC THROUGH SUCH MEANS AS DETERMINED TO BE APPRO-
PRIATE, INCLUDING, BUT NOT  LIMITED  TO,  EDUCATIONAL  SEMINARS,  REMOTE
EXHIBITIONS,  SPECIAL  EVENTS  AND  THE  SALE  OF  SOUVENIRS OR MEMENTOS
RELATED TO THE COLLECTION. ALL RECEIPTS FROM PROMOTIONAL  EFFORTS  SHALL
BE DEPOSITED IN A STATE FIDUCIARY FUND, EXPENDITURES FROM WHICH SHALL BE
LIMITED TO THE PURPOSES SET FORTH IN THIS ARTICLE; AND
  (K)  TO  APPOINT  A CURATOR AND ASSOCIATED EMPLOYEES, PRESCRIBE POWERS
AND DUTIES OF THE CURATOR, AND SHALL FIX HIS OR HER COMPENSATION  WITHIN
THE AMOUNTS APPROPRIATED THEREFOR.
  S 3. Article 4 of the arts and cultural affairs law is REPEALED.
  S  4.    Section  16  of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. WHEN CONSIDERING PLANS, POLICIES AND PROGRAMS PURSUANT TO  ARTICLE
FOURTEEN OF THIS CHAPTER, THE COMMISSIONER SHALL CONSULT WITH THE APIARY
INDUSTRY,  INCLUDING,  BUT  NOT  LIMITED  TO  COMMERCIAL  AND  PART-TIME
BEE-KEEPERS, HORTICULTURE OR VEGETABLE GROWERS, THE CORNELL  COOPERATIVE
EXTENSION AND THE PLANT INDUSTRY.
  S  5.  Sections 169-c and 169-d of the agriculture and markets law are
REPEALED.
  S 6. Subdivision 3 of  section  73-c  of  the  transportation  law  is
REPEALED.
  S 7. Section 73-d of the transportation law is REPEALED.

S. 6194--C                          3

  S  8.  Subdivision  2  and  the  opening paragraph of subdivision 5 of
section 73-e of the transportation law, as amended by chapter 562 of the
laws of 1987, are amended and a new subdivision 6 is added  to  read  as
follows:
  2.  Eligible expenses and services.  The department shall[, in consul-
tation with the  interagency  coordinating  committee  on  rural  public
transportation,]  define  and  determine  the  categories  or  types  of
expenses or services that will be  eligible  for  financial  assistance.
Public  transportation  services  funded  under  this  article should be
designed to maximize  usage  by  the  public,  including  transportation
disadvantaged  persons.  Rail,  air,  water, freight, emergency medical,
charter or tour  transportation  services  shall  not  be  eligible  for
assistance  provided by this article. No payment of financial assistance
under this section shall be made for any expenses incurred  by  a  rural
county  or  its  subcontractors  prior  to  the date it receives written
notice from the commissioner that it shall be awarded a grant under this
article.
  Coordination of federal, state, local and  private  aid;  report.  The
department may compile and maintain current information on available and
pending  federal,  state,  local  and  private aid affecting coordinated
public transportation services in rural counties.   The  department  may
request and shall be entitled to receive information from state or local
agencies  regarding  the amount of federal, state and local aid received
by public and private nonprofit organizations providing  or  contracting
for  transportation  services  and  the  purpose  for  which  the aid is
received. The commissioner may[, in consultation  with  the  interagency
coordinating  committee on rural public transportation,] use the follow-
ing criteria to recommend policies to the governor and  the  legislature
that  would or could promote compliance with the purposes of this subdi-
vision:
  6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT  WITH
THE  OFFICE  FOR  THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE
FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES;  AND  THE  DEPARTMENTS  OF
LABOR,  HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE
STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR  YOUTH  AND  REPRESEN-
TATION  OF  CONSUMERS  AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL
COUNTIES.
  S 9. Subdivision 1 of section  73-h  of  the  transportation  law,  as
amended  by  chapter  562  of  the  laws  of 1987, is amended to read as
follows:
  1. For those rural counties having an approved and implemented coordi-
nated public transportation service plan which has  maintained  existing
levels of funding used for transportation by the coordinated service and
has  documented  the need for additional operating aid, the commissioner
may[, in consultation with the  interagency  coordinating  committee  on
rural  public  transportation,] grant up to twenty-five thousand dollars
per year for operating aid for up to five successive years,  subject  to
annual  appropriations to be included in the state budget.  Such aid may
be extended annually when the county  or  operator  of  the  coordinated
public  transportation  service has adequately demonstrated the need for
such continued aid and that criteria for continuing aid  established  by
rules issued by the commissioner have been met.
  S  10. Subdivisions 6, 14 and 15 of section 73-j of the transportation
law, subdivision 6 as amended by chapter 562 of the  laws  of  1987  and
subdivisions  14  and  15 as amended by chapter 659 of the laws of 1989,
are amended to read as follows:

S. 6194--C                          4

  6. Except as provided for in section seventy-three-g of this  article,
a  rural  county's  apportionment  of funds made available in accordance
with this article may be used for capital, operating and or  administra-
tive  assistance to provide rural public transportation. The commission-
er[,  in  consultation  with  the  interagency coordinating committee on
rural public transportation,] may award other grants for  operating  and
capital expenses.
  14.  Notwithstanding  any  other  provisions  of  this  article to the
contrary, no application  for  financial  assistance  made  pursuant  to
section  seventy-three-g of this article shall be awarded by the commis-
sioner for less than fifty-five thousand dollars or for  less  than  the
amount  requested  unless  the  commissioner shall, in writing, prior to
making the award, each year certify the reasons why such  applicant  was
awarded  less  than  fifty-five  thousand dollars or an amount less than
requested. Such certification, including the reasons  for  such  action,
shall  be sent to the applicant, [the interagency coordinating committee
on rural public transportation,] the secretary  of  the  senate  finance
committee,  the  secretary of the assembly ways and means committee, the
director of the office of rural affairs and the director of the legisla-
tive commission on the development of rural resources.
  15. Notwithstanding any  other  provisions  of  this  article  to  the
contrary,  no grant for operating aid, as authorized by section seventy-
three-h of this article, shall be made by the commissioner to any county
for less than thirty-five thousand dollars in any one  year  unless  the
commissioner  shall,  in  writing,  prior to making the grant, each year
certify the reasons why such county was awarded  less  than  thirty-five
thousand  dollars.  Such  certification  including  the reasons for such
action shall be sent  to  such  county,  [the  interagency  coordinating
committee  on  rural public transportation,] the secretary of the senate
finance committee, the secretary of the assembly ways and means  commit-
tee, the director of the office of rural affairs and the director of the
legislative commission on the development of rural resources.
  S  11. Section 73-p of the transportation law, as added by chapter 895
of the laws of 1986, is amended to read as follows:
  S 73-p. Department report. Commencing December thirty-first,  nineteen
hundred  eighty-seven,  the  department[,  in cooperation with the state
interagency coordinating  committee  on  rural  public  transportation,]
shall prepare and submit to the governor and the legislature a report on
or  before  the  first  day of January of each year, which shall include
information relating to the operation of coordinated public  transporta-
tion services in rural counties then being funded under this article and
any   recommendations  for  overall  program  improvement;  stating  the
receipts and disbursements made during the  preceding  fiscal  year  and
adequacy  of  programs financed by federal, state, local and private aid
in rural counties  of  the  state.  The  department  shall  analyze  the
programs  financed in accordance with this article and recommend methods
of  avoiding  duplication  and  increasing  the  efficacy  of   programs
financed.  The  department  shall receive comments from the officers and
agents of affected state and local  government  units  relative  to  the
department's analysis.
  S 12. Subdivision 13 of section 89-ppp of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  13.  "Qualified  firearms training course" means a minimum forty-seven
hour firearms training course for armored car guards  that  is  specific
and germane to the armored car carrier industry, recognized by the divi-

S. 6194--C                          5

sion  in  consultation with the [board] ARMORED CAR CARRIER INDUSTRY AND
THE NEW YORK ARMORED CAR ASSOCIATION, INC.
  S  13. Subdivision 4 of section 89-sss of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  4. The commissioner[, upon the recommendation  and  with  the  general
advice of the board,] shall waive the training requirements specified in
subdivision  one of this section, with respect to applicants employed by
armored car carriers, if the applicant provides  appropriate  documenta-
tion  to  demonstrate  that  he  or  she  was  or is subject to training
requirements which meet or exceed the requirements established  pursuant
to such subdivision.
  S  14. Section 89-yyy of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-yyy. Regulations. The secretary and commissioner, in consultation
with the [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW  YORK  ARMORED
CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate
rules  and  regulations necessary for the proper conduct of the business
authorized under this article, and not inconsistent herewith.
  S 15.   Subdivision 1 of section 3401 of  the  public  health  law  is
amended to read as follows:
  1.  The commissioner may, from time to time, make and adopt such rules
and regulations not inconsistent with law as may be necessary (a) in the
performance of his duties and in the administration of the provisions of
this article; and (b) to govern and regulate the conduct and transaction
of the business and  practice  of  funeral  directing,  undertaking  and
embalming.    THE  COMMISSIONER  SHALL,  IN  IMPLEMENTING THIS TITLE AND
REVISING REGULATIONS,  CONSULT  WITH  THE  REPRESENTATIVES  OF  CONSUMER
INTERESTS,  LICENSED  FUNERAL  DIRECTORS,  UNDERTAKERS OR EMBALMERS, AND
CEMETERY CORPORATIONS.
  S 16. Section 3402 of the public health law is REPEALED.
  S 17. Subdivision 5 of section 402 of the  general  business  law,  as
added by chapter 509 of the laws of 1992, is amended to read as follows:
  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 appli-
cants taking  examinations  and  their  qualifications,  and  the  other
matters incidental or appropriate to the powers and duties of the secre-
tary as prescribed by this article and for the proper administration and
enforcement  of the provisions of this article.  THE SECRETARY SHALL, IN
IMPLEMENTING THIS TITLE AND REVISING REGULATIONS, CONSULT  WITH  PERSONS
ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING,
AESTHETICS,  COSMETOLOGY, IN TRAINING OF PERSONS FOR SUCH PRACTICES, AND
LICENSED DERMATOLOGISTS.
  S 18. Section 403 of the general business law is REPEALED.
  S 19. Section 404 of the general business law, as amended  by  chapter
341 of the laws of 1998, is amended to read as follows:
  S 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,  waxers,  natural  hair  stylists,  estheticians, and
cosmetologists and the provision of service by nail specialists, waxers,
natural  hair  stylists,  estheticians  or  cosmetologists   at   remote

S. 6194--C                          6

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 busi-
ness 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 appropri-
ate in determining minimum training requirements.
  S 20. Subdivision 14 of section 601 of the executive law is REPEALED.
  S 21. Subdivision 12 of section 604 of the executive law, as added  by
chapter  729 of the laws of 2005, is amended and a new subdivision 13 is
added to read as follows:
  12. To create and maintain a consumer awareness pamphlet[, in conjunc-
tion with the advisory council,] to include,  but  not  be  limited  to,
detailing  the  certification  process,  installer selection rights, the
dispute resolution process, the differences between the types  of  hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  13.  THE  SECRETARY  SHALL,  IN IMPLEMENTING THIS ARTICLE AND REVISING
REGULATIONS, CONSULT WITH INSTALLERS, PARK  RESIDENCE  ADVOCACY  ASSOCI-
ATIONS,  RETAILERS,  AND  MANUFACTURED HOME INDUSTRY TRADE ASSOCIATIONS,
MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING
ISSUES, CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED  HOUSING
ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS.
  S 22. Sections 611 and 612 of the executive law are REPEALED.
  S 23. Section 154 of the labor law is REPEALED.
  S 24. This act shall take effect immediately.

S6194D (ACTIVE) - Bill Details

Current Committee:
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Rpld §74-a, State L; amd §57.03, rpld Art 4, Arts & Cul L; amd §§89-ppp, 89-sss, 89-yyy, 402 & 404, rpld §403, Gen Bus L; rpld §601 sub 14, §611 & §612, amd §604, Exec L; amd §16, rpld §§169-c & 169-d, Ag & Mkts L; rpld §73-c sub 3, §73-d, amd §§73-e, 73-h, 73-j & 73-p, Transp L; rpld §§1390 & 3402, amd §3401, Pub Health L; rpld §154, Lab L

S6194D (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S6194D

TITLE OF BILL:
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 transportation law, in relation to abolishing
the interagency
coordinating committee on rural public transportation;
to amend the general business 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 general 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 section
169-c of the agriculture and
markets law, relating to the plant
industry advisory committee; 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

PURPOSE:
To eliminate commissions, boards and committees that are no
longer necessary to provide the services they once did while also
decreasing current state bureaucracy and consolidate their
responsibilities.

SUMMARY OF PROVISIONS:
Section 1: repeals the New York State Collectable Series Panel.

Section 2: Section 57.03 of the Arts and Cultural Affairs Law is
amended by adding a new subdivision 7 that give the powers and
responsibilities of the Empire State Plaza Art commission to the
Office of State History.


Section 3: Eliminates the Empire State Plaza Arts Commission.

Section 4: amends Section 16 of the Agriculture and Markets Law
transferring responsibilities of the Apiary and Plant Industry
Advisory Boards to the Commissioner of Agriculture and Markets in
consultations with the apiary and plant industry.

Section 5: Eliminates the Plant Industry Advisory Board.

Section 6: repeals section 73-c of the transportation law eliminating
the word committee.

Section 7: Eliminates the Interagency coordinating committee on rural
public transportation.

Section 8-11: grants the duties and responsibilities of the
Interagency Coordinating Committee on Rural Public Transportation to
the Commissioner of Transportation who will consult various
government departments.

Section 12-14: provides language transferring the responsibilities of
the Armored Cars Advisory Board.

Section 15: Allows the Commissioner of Health to consult with
representatives of consumer interests, licensed funeral home
directors, undertakers or embalmers and cemetery corporations.

Section 16: Eliminates the Funeral Directing Advisory Board.

Sections 17 and 19: amends Section 404 of the general business law to
give the powers and duties of the Appearance Enhancement Advisory
Committee to the Secretary of State.

Section 18: Eliminates the Appearance Enhancement Advisory Committee.

Section 20: Eliminates the definition for Advisory Council.

Section 21: Requires the Secretary of State to consult with those in
the manufactured housing industry regarding potential changes to
regulations.

Section 22: repeals Section 611 and 612 of the executive law
eliminating Manufactured Housing Advisory council and its powers and
duties.

Section 23: Eliminates the child performer advisory board.

Section 24: This act shall take effect immediately.

JUSTIFICATION:
New York State Government is constantly changing and
evolving. It is important that current law reflects those changes to
provide for a more efficient, streamlined state government. This
legislation eliminates commissions, boards and committees that are no
longer necessary to provide the services they once did and assist in
decreasing current State bureaucracy and consolidate responsibilities.


LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The bill shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6194--D
    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 -- ordered to a third reading, amended and  ordered  reprinted,
  retaining its place in the order of third reading

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 section 169-c
  of the agriculture and markets law, relating  to  the  plant  industry
  advisory committee; 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.
                                                           LBD11286-09-2

S. 6194--D                          2

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 74-a of the state law is REPEALED.
  S 2.  Section 57.03 of the arts and cultural affairs law is amended by
adding a new subdivision 7 to read as follows:
  7.  (A) TO MAKE RECOMMENDATIONS TO STATE AGENCIES REGARDING THE CUSTO-
DY, DISPLAY, CONSERVATION, PRESERVATION AND MAINTENANCE OF WORKS OF  ART
IN THE EMPIRE STATE PLAZA UNDER THE JURISDICTION OF SUCH AGENCIES;
  (B) TO APPRAISE AND CATALOGUE WORKS OF ART IN THE EMPIRE STATE PLAZA;
  (C)  TO  ADVISE  AND  ASSIST  STATE  AGENCIES  IN  THE PREPARATION AND
DISTRIBUTION OF PUBLICATIONS BY SUCH AGENCIES;
  (D) TO MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE  AND  THE
COMMISSIONER  OF GENERAL SERVICES REGARDING THE PURCHASE OF WORKS OF ART
FOR DISPLAY AT THE EMPIRE STATE PLAZA;
  (E) TO SOLICIT AND ACQUIRE BY GIFT, GRANT OR LOAN SUCH  WORKS  OF  ART
FOR  DISPLAY  AT  THE  EMPIRE  STATE PLAZA AS IT DEEMS TO BE IN THE BEST
INTERESTS OF THE PEOPLE OF THE STATE;
  (F) TO ENTER INTO SUCH CONTRACTS AS MAY BE  NECESSARY  OR  APPROPRIATE
FOR THE PERFORMANCE OF THE FUNCTIONS VESTED IN IT BY THIS ARTICLE;
  (G) TO RENDER SUCH ASSISTANCE AS THE LEGISLATURE OR EITHER HOUSE THER-
EOF  MAY  REQUEST  WITH  RESPECT  TO THE LEGISLATIVE OFFICE BUILDING AND
OTHER OFFICES AND FACILITIES OF THE  LEGISLATURE  IN  THE  EMPIRE  STATE
PLAZA;
  (H)  TO  RENDER  SUCH  ASSISTANCE AS THE COMMISSIONER OF EDUCATION MAY
REQUEST WITH RESPECT TO THE CULTURAL EDUCATION CENTER;
  (I) TO SOLICIT AND ACCEPT GIFTS, CONTRIBUTIONS AND  BEQUEST  OF  FUNDS
FROM  INDIVIDUALS,  FOUNDATIONS, CORPORATIONS AND OTHER ORGANIZATIONS OR
INSTITUTIONS FOR PURPOSES OF THE COMMISSION.  ALL FUNDS FROM SUCH GIFTS,
CONTRIBUTIONS AND BEQUESTS SHALL BE DEPOSITED IN A STATE FIDUCIARY FUND,
EXPENDITURES FROM WHICH SHALL BE LIMITED TO THE PURPOSES  SET  FORTH  IN
THIS ARTICLE;
  (J)  TO  ESTABLISH A PROGRAM, IN CONSULTATION WITH THE COMMISSIONER OF
GENERAL SERVICES, FOR THE  PROMOTION  OF  THE  EMPIRE  STATE  PLAZA  ART
COLLECTION  TO  THE PUBLIC THROUGH SUCH MEANS AS DETERMINED TO BE APPRO-
PRIATE, INCLUDING, BUT NOT  LIMITED  TO,  EDUCATIONAL  SEMINARS,  REMOTE
EXHIBITIONS,  SPECIAL  EVENTS  AND  THE  SALE  OF  SOUVENIRS OR MEMENTOS
RELATED TO THE COLLECTION. ALL RECEIPTS FROM PROMOTIONAL  EFFORTS  SHALL
BE DEPOSITED IN A STATE FIDUCIARY FUND, EXPENDITURES FROM WHICH SHALL BE
LIMITED TO THE PURPOSES SET FORTH IN THIS ARTICLE; AND
  (K)  TO  APPOINT  A CURATOR AND ASSOCIATED EMPLOYEES, PRESCRIBE POWERS
AND DUTIES OF THE CURATOR, AND SHALL FIX HIS OR HER COMPENSATION  WITHIN
THE AMOUNTS APPROPRIATED THEREFOR.
  S 3. Article 4 of the arts and cultural affairs law is REPEALED.
  S  4.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. WHEN CONSIDERING PLANS, POLICIES AND PROGRAMS PURSUANT TO  ARTICLE
FOURTEEN  OF THIS CHAPTER, THE COMMISSIONER SHALL CONSULT WITH THE PLANT
INDUSTRY, INCLUDING, BUT NOT LIMITED TO HORTICULTURE OR VEGETABLE  GROW-
ERS AND THE CORNELL COOPERATIVE EXTENSION.
  S 5. Section 169-c of the agriculture and markets law is REPEALED.
  S  6.  Subdivision  3  of  section  73-c  of the transportation law is
REPEALED.
  S 7. Section 73-d of the transportation law is REPEALED.
  S 8. Subdivision 2 and the  opening  paragraph  of  subdivision  5  of
section 73-e of the transportation law, as amended by chapter 562 of the

S. 6194--D                          3

laws  of  1987,  are amended and a new subdivision 6 is added to read as
follows:
  2.  Eligible expenses and services.  The department shall[, in consul-
tation with the  interagency  coordinating  committee  on  rural  public
transportation,]  define  and  determine  the  categories  or  types  of
expenses or services that will be  eligible  for  financial  assistance.
Public  transportation  services  funded  under  this  article should be
designed to maximize  usage  by  the  public,  including  transportation
disadvantaged  persons.  Rail,  air,  water, freight, emergency medical,
charter or tour  transportation  services  shall  not  be  eligible  for
assistance  provided by this article. No payment of financial assistance
under this section shall be made for any expenses incurred  by  a  rural
county  or  its  subcontractors  prior  to  the date it receives written
notice from the commissioner that it shall be awarded a grant under this
article.
  Coordination of federal, state, local and  private  aid;  report.  The
department may compile and maintain current information on available and
pending  federal,  state,  local  and  private aid affecting coordinated
public transportation services in rural counties.   The  department  may
request and shall be entitled to receive information from state or local
agencies  regarding  the amount of federal, state and local aid received
by public and private nonprofit organizations providing  or  contracting
for  transportation  services  and  the  purpose  for  which  the aid is
received. The commissioner may[, in consultation  with  the  interagency
coordinating  committee on rural public transportation,] use the follow-
ing criteria to recommend policies to the governor and  the  legislature
that  would or could promote compliance with the purposes of this subdi-
vision:
  6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT  WITH
THE  OFFICE  FOR  THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE
FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES;  AND  THE  DEPARTMENTS  OF
LABOR,  HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE
STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR  YOUTH  AND  REPRESEN-
TATION  OF  CONSUMERS  AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL
COUNTIES.
  S 9. Subdivision 1 of section  73-h  of  the  transportation  law,  as
amended  by  chapter  562  of  the  laws  of 1987, is amended to read as
follows:
  1. For those rural counties having an approved and implemented coordi-
nated public transportation service plan which has  maintained  existing
levels of funding used for transportation by the coordinated service and
has  documented  the need for additional operating aid, the commissioner
may[, in consultation with the  interagency  coordinating  committee  on
rural  public  transportation,] grant up to twenty-five thousand dollars
per year for operating aid for up to five successive years,  subject  to
annual  appropriations to be included in the state budget.  Such aid may
be extended annually when the county  or  operator  of  the  coordinated
public  transportation  service has adequately demonstrated the need for
such continued aid and that criteria for continuing aid  established  by
rules issued by the commissioner have been met.
  S  10. Subdivisions 6, 14 and 15 of section 73-j of the transportation
law, subdivision 6 as amended by chapter 562 of the  laws  of  1987  and
subdivisions  14  and  15 as amended by chapter 659 of the laws of 1989,
are amended to read as follows:
  6. Except as provided for in section seventy-three-g of this  article,
a  rural  county's  apportionment  of funds made available in accordance

S. 6194--D                          4

with this article may be used for capital, operating and or  administra-
tive  assistance to provide rural public transportation. The commission-
er[, in consultation with  the  interagency  coordinating  committee  on
rural  public  transportation,] may award other grants for operating and
capital expenses.
  14. Notwithstanding any  other  provisions  of  this  article  to  the
contrary,  no  application  for  financial  assistance  made pursuant to
section seventy-three-g of this article shall be awarded by the  commis-
sioner  for  less  than fifty-five thousand dollars or for less than the
amount requested unless the commissioner shall,  in  writing,  prior  to
making  the  award, each year certify the reasons why such applicant was
awarded less than fifty-five thousand dollars or  an  amount  less  than
requested.  Such  certification,  including the reasons for such action,
shall be sent to the applicant, [the interagency coordinating  committee
on  rural  public  transportation,]  the secretary of the senate finance
committee, the secretary of the assembly ways and means  committee,  the
director of the office of rural affairs and the director of the legisla-
tive commission on the development of rural resources.
  15.  Notwithstanding  any  other  provisions  of  this  article to the
contrary, no grant for operating aid, as authorized by section  seventy-
three-h of this article, shall be made by the commissioner to any county
for  less  than  thirty-five thousand dollars in any one year unless the
commissioner shall, in writing, prior to making  the  grant,  each  year
certify  the  reasons  why such county was awarded less than thirty-five
thousand dollars. Such certification  including  the  reasons  for  such
action  shall  be  sent  to  such  county, [the interagency coordinating
committee on rural public transportation,] the secretary of  the  senate
finance  committee, the secretary of the assembly ways and means commit-
tee, the director of the office of rural affairs and the director of the
legislative commission on the development of rural resources.
  S 11. Section 73-p of the transportation law, as added by chapter  895
of the laws of 1986, is amended to read as follows:
  S 73-p. Department  report. Commencing December thirty-first, nineteen
hundred eighty-seven, the department[, in  cooperation  with  the  state
interagency  coordinating  committee  on  rural  public transportation,]
shall prepare and submit to the governor and the legislature a report on
or before the first day of January of each  year,  which  shall  include
information  relating to the operation of coordinated public transporta-
tion services in rural counties then being funded under this article and
any  recommendations  for  overall  program  improvement;  stating   the
receipts  and  disbursements  made  during the preceding fiscal year and
adequacy of programs financed by federal, state, local and  private  aid
in  rural  counties  of  the  state.  The  department  shall analyze the
programs financed in accordance with this article and recommend  methods
of   avoiding  duplication  and  increasing  the  efficacy  of  programs
financed. The department shall receive comments from  the  officers  and
agents  of  affected  state  and  local government units relative to the
department's analysis.
  S 12. Subdivision 13 of section 89-ppp of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  13. "Qualified firearms training course" means a  minimum  forty-seven
hour  firearms  training  course for armored car guards that is specific
and germane to the armored car carrier industry, recognized by the divi-
sion in consultation with the [board] ARMORED CAR CARRIER  INDUSTRY  AND
THE NEW YORK ARMORED CAR ASSOCIATION, INC.

S. 6194--D                          5

  S  13. Subdivision 4 of section 89-sss of the general business law, as
added by chapter 557 of the laws of 1997, is amended to read as follows:
  4.  The  commissioner[,  upon  the recommendation and with the general
advice of the board,] shall waive the training requirements specified in
subdivision one of this section, with respect to applicants employed  by
armored  car  carriers, if the applicant provides appropriate documenta-
tion to demonstrate that he  or  she  was  or  is  subject  to  training
requirements  which meet or exceed the requirements established pursuant
to such subdivision.
  S 14. Section 89-yyy of the general business law, as added by  chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-yyy. Regulations. The secretary and commissioner, in consultation
with  the  [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW YORK ARMORED
CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate
rules and regulations necessary for the proper conduct of  the  business
authorized under this article, and not inconsistent herewith.
  S  15.    Subdivision  1  of  section 3401 of the public health law is
amended to read as follows:
  1. The commissioner may, from time to time, make and adopt such  rules
and regulations not inconsistent with law as may be necessary (a) in the
performance of his duties and in the administration of the provisions of
this article; and (b) to govern and regulate the conduct and transaction
of  the  business  and  practice  of  funeral directing, undertaking and
embalming.   THE COMMISSIONER SHALL,  IN  IMPLEMENTING  THIS  TITLE  AND
REVISING  REGULATIONS,  CONSULT  WITH  THE  REPRESENTATIVES  OF CONSUMER
INTERESTS, LICENSED FUNERAL DIRECTORS,  UNDERTAKERS  OR  EMBALMERS,  AND
CEMETERY CORPORATIONS.
  S 16. Section 3402 of the public health law is REPEALED.
  S  17.  Subdivision  5  of section 402 of the general business law, as
added by chapter 509 of the laws of 1992, is amended to read as follows:
  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  appli-
cants  taking  examinations  and  their  qualifications,  and  the other
matters incidental or appropriate to the powers and duties of the secre-
tary as prescribed by this article and for the proper administration and
enforcement of the provisions of this article.  THE SECRETARY SHALL,  IN
IMPLEMENTING  THIS  TITLE AND REVISING REGULATIONS, CONSULT WITH PERSONS
ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING,
AESTHETICS, COSMETOLOGY, IN TRAINING OF PERSONS FOR SUCH PRACTICES,  AND
LICENSED DERMATOLOGISTS.
  S 18. Section 403 of the general business law is REPEALED.
  S  19.  Section 404 of the general business law, as amended by chapter
341 of the laws of 1998, is amended to read as follows:
  S 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,  waxers,  natural  hair  stylists,  estheticians,  and
cosmetologists and the provision of service by nail specialists, waxers,
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

S. 6194--D                          6

location or is employed by the holder of an appearance enhancement busi-
ness 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  appropri-
ate in determining minimum training requirements.
  S 20. Subdivision 14 of section 601 of the executive law is REPEALED.
  S  21. Subdivision 12 of section 604 of the executive law, as added by
chapter 729 of the laws of 2005, is amended and a new subdivision 13  is
added to read as follows:
  12. To create and maintain a consumer awareness pamphlet[, in conjunc-
tion  with  the  advisory  council,]  to include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  13. THE SECRETARY SHALL, IN IMPLEMENTING  THIS  ARTICLE  AND  REVISING
REGULATIONS,  CONSULT  WITH  INSTALLERS, PARK RESIDENCE ADVOCACY ASSOCI-
ATIONS, RETAILERS, AND MANUFACTURED HOME  INDUSTRY  TRADE  ASSOCIATIONS,
MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING
ISSUES,  CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED HOUSING
ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS.
  S 22. Sections 611 and 612 of the executive law are REPEALED.
  S 23. Section 154 of the labor law is REPEALED.
  S 24. This act shall take effect immediately.

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