S T A T E   O F   N E W   Y O R K
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                                  5182

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Cultural  Affairs,
  Tourism, Parks and Recreation

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, esthetics and cosmetology; to repeal article  4  of  the
  arts  and  cultural affairs law, in relation to the empire state plaza
  art commission; to repeal section 433-a of the general  business  law,
  in  relation  to the barbers board; and to repeal section 844-a of the
  executive law, in relation to the New York statewide  law  enforcement
  telecommunications committee

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

  Section 1. 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11286-01-1

              

S. 5182                             2

  (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 2. Article 4 of the arts and cultural affairs law is REPEALED.
  S  3.  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 4. Section 433-a of the general business law is REPEALED.
  S 5. Section 844-a of the executive law is REPEALED.
  S 6. This act shall take effect immediately.