S5182-2011 - NY Senate Open Legislation - Relates to art in the empire state plaza, rules and regulations for nail specialty, natural hair styling, esthetics and cosmetology; repealers

Relates to art in the empire state plaza, rules and regulations for nail specialty, natural hair styling, esthetics and cosmetology.

Sponsor: MARCELLINO / Committee: RULES
Law Section: Arts and Cultural Affairs Law / Law: Amd S57.03, rpld Art 4, Arts & Cul L; amd S404, rpld S433-a, Gen Bus L; rpld S844-a, Exec L

S5182-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 22, 2012: ADVANCED TO THIRD READING
Mar 21, 2012: 2ND REPORT CAL.
Mar 20, 2012: 1ST REPORT CAL.378
Jan 4, 2012: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 17, 2011: referred to tourism, parks, arts and sports development
Jun 17, 2011: DELIVERED TO ASSEMBLY
Jun 17, 2011: PASSED SENATE
Jun 13, 2011: ADVANCED TO THIRD READING
Jun 7, 2011: 2ND REPORT CAL.
Jun 6, 2011: 1ST REPORT CAL.1009
May 3, 2011: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S5182-2011 Meetings

Cultural Affairs, Tourism, Parks and Recreation: Mar 20, 2012, Cultural Affairs, Tourism, Parks and Recreation: Jun 6, 2011

S5182-2011 Calendars

S5182-2011 Votes

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - Jun 6, 2011

Ayes (12): Little, Ball, Bonacic, Gallivan, Griffo, Grisanti, Marcellino, Ritchie, Serrano, Kennedy, Klein, Valesky
Ayes W/R (2): Adams, Duane

VOTE: FLOOR VOTE: - Jun 17, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Cultural Affairs, Tourism, Parks and Recreation - Mar 20, 2012

Ayes (12): Little, Ball, Bonacic, Gallivan, Griffo, Grisanti, Marcellino, Ritchie, Serrano, Kennedy, Klein, Valesky
Ayes W/R (2): Adams, Duane

S5182-2011 Memo

BILL NUMBER:S5182

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, 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

PURPOSE: To merger the powers of the Empire State
Plaza Art Commission
into the Office of State History. To repeal the Barbers Board and
the New York statewide law enforcement telecommunications committee.

SUMMARY OF PROVISIONS: 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.

These responsibilities include: (a) making recommendations to state
agencies regarding the custody, 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 the 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 service regarding
purchasing works of art for display at the Empire State Plaza; (e) To
solicit and acquire works of art for display at the Empire State
Plaza; (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 provide the Legislature or either house assistance
with its offices and facilities in the Empire State Plaza; (h) assist
the commission of education, if requested, with the cultural
education center; (i) to solicit and accept gifts; (j) to establish a
program in consultation with the Commissioner of general services to
promote the Empire State Plaza Art collection to the public; (k) to
appoint a curator and employees to implement the
requirements above.

Repeals Article 4 of the Arts and Cultural Affairs Law.

Repeals section 433-a of the general business law creating the barbers
board.

Repeals section 844-a of the executive law creating the New York
statewide law enforcement telecommunications committee.

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 a commission, board and committee that are no
longer necessary to provide the services they once did. The
elimination of the Empire State Plaza Art commission, the barbers
board and the New York statewide law enforcement telecommunications
committee will assist in decreasing the state current bureaucracy and
consolidate responsibilities.

LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

S5182-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          5182
 2011-2012 Regular Sessions
 I N  SENATE
 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.

S5182-2011: Relates to art in the empire state plaza, rules and regulations for nail specialty, natural hair styling, esthetics and cosmetology; repealers