This bill has been amended

Bill S4511-2013

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

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 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.

Details

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Actions

  • Feb 11, 2014: ADVANCED TO THIRD READING
  • Feb 10, 2014: 2ND REPORT CAL.
  • Feb 4, 2014: 1ST REPORT CAL.144
  • Jan 8, 2014: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 30, 2013: referred to governmental operations
  • May 30, 2013: DELIVERED TO ASSEMBLY
  • May 30, 2013: PASSED SENATE
  • May 29, 2013: ADVANCED TO THIRD READING
  • May 23, 2013: 2ND REPORT CAL.
  • May 22, 2013: 1ST REPORT CAL.745
  • Apr 5, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - May 22, 2013
Ayes (11): Little, Bonacic, Griffo, Grisanti, Marcellino, Marchione, Ritchie, Serrano, Kennedy, Hoylman, O'Brien
Ayes W/R (1): Gipson
VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - Feb 5, 2014
Ayes (11): Little, Bonacic, Griffo, Grisanti, Marcellino, Marchione, Ritchie, Serrano, Kennedy, Hoylman, O'Brien
Ayes W/R (1): Gipson

Memo

BILL NUMBER:S4511

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:

2011-12: S. 6194-D Passed Senate/No Same As

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4511 2013-2014 Regular Sessions IN SENATE 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.
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
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
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
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
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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