[ ] 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is REPEALED.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.