S T A T E   O F   N E W   Y O R K
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                                  4511

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 5, 2013
                               ___________

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 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

  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 Section 74-a of the state law is REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10120-01-3
              

S. 4511                             2

  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
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

S. 4511                             3

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
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

S. 4511                             4

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 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

S. 4511                             5

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
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

S. 4511                             6

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.