Senate Bill S6194

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

                                 6194--A

                            I N  S E N A T E

                            January 12, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Consumer  Protection
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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, aesthetics and cosmetology; 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 coordi-
  nating committee on rural public transportation; to amend the  vehicle
  and  traffic  law,  in  relation  to rules and regulations for the tow
  truck and agricultural industries; 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 barbers board, the armored car carrier advisory
  board and the appearance enhancement  advisory  committee;  to  repeal
  certain  provisions  of  the  executive  law, relating to the New York
  statewide  law  enforcement  telecommunications  committee,  the  Long
  Island  sound coastal advisory commission and the manufactured housing
  advisory council; to repeal sections 169-c and 169-d of  the  agricul-
  ture  and markets law, relating to the plant and apiary industry advi-
  sory committees; to repeal certain provisions  of  the  transportation
  law,  relating  to  the  interagency  coordinating  committee on rural
  public transportation; to repeal section  216-b  of  the  vehicle  and
  traffic  law,  relating  to  the  tow  truck advisory board; to repeal
  section 7 of chapter 654 of the laws of 1994, amending the transporta-
  tion law and the  vehicle  and  traffic  law,  relating  to  equipment
  requirements  for  registered  farm vehicles, relating to the agricul-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD11286-06-2

S. 6194--A                          2

  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 public health law, relating to the state camp safety
  advisory council and 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  404 of the general business law, as amended by chapter
341 of the laws of 1998, is amended to read as follows:

S. 6194--A                          3

  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 5. Section 433-a of the general business law is REPEALED.
  S 6. Section 844-a of the executive law is REPEALED.
  S  7.  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  8.  Sections 169-c and 169-d of the agriculture and markets law are
REPEALED.
  S 9. Subdivision 3 of  section  73-c  of  the  transportation  law  is
REPEALED.
  S 10. Section 73-d of the transportation law is REPEALED.
  S  11.  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

S. 6194--A                          4

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 12. 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  13. 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

S. 6194--A                          5

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  14. 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  15. 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-
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 16. Section 216-b of the vehicle and traffic law is REPEALED.
  S 17. 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 18. Article 4 of the state technology law is REPEALED.
  S  19.  Chapter 868 of the laws of 1976, establishing the organic food
advisory committee, is REPEALED.
  S 20. Subdivision 5 of section 89-bbb of the general business  law  is
REPEALED.
  S  21. 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. 6194--A                          6

  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 22. Section 89-mmm of the general business law is REPEALED.
  S  23.  Subdivision 5 of section 89-ppp of the general business law is
REPEALED.
  S 24. 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  25. 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  26. 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 27. Section 923 of the executive law is REPEALED.
  S 28. Section 1390 of the public health law is REPEALED.
  S 29. 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 30. Section 3402 of the public health law is REPEALED.
  S 31. 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

S. 6194--A                          7

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 32. Section 403 of the general business law is REPEALED.
  S 33. 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 34. Subdivision 14 of section 601 of the executive law is REPEALED.
  S  35. 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 36. Sections 611 and 612 of the executive law are REPEALED.
  S 37. Section 154 of the labor law is REPEALED.
  S 38. This act shall take effect immediately.

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

                                 6194--B

                            I N  S E N A T E

                            January 12, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Consumer  Protection
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 sections 169-c
  and 169-d of the agriculture and markets law, relating  to  the  plant
  and  apiary industry advisory committees; 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 state camp safety advisory
  council and 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11286-07-2
              

S. 6194--B                          2

  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 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  5.  Sections 169-c and 169-d of the agriculture and markets law are
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

S. 6194--B                          3

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

S. 6194--B                          4

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. 6194--B                          5

  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. Section 1390 of the public health law is REPEALED.
  S  16.  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 17. Section 3402 of the public health law is REPEALED.
  S  18.  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 19. Section 403 of the general business law is REPEALED.
  S  20.  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

S. 6194--B                          6

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 21. Subdivision 14 of section 601 of the executive law is REPEALED.
  S 22. 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 23. Sections 611 and 612 of the executive law are REPEALED.
  S 24. Section 154 of the labor law is REPEALED.
  S 25. This act shall take effect immediately.

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

                                 6194--C
    Cal. No. 613

                            I N  S E N A T E

                            January 12, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Consumer  Protection
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report

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 sections 169-c
  and 169-d of the agriculture and markets law, relating  to  the  plant
  and  apiary industry advisory committees; 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


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

                                                           LBD11286-08-2

S. 6194--C                          2

  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 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  5.  Sections 169-c and 169-d of the agriculture and markets law are
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. 6194--C                          3

  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:

S. 6194--C                          4

  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-

S. 6194--C                          5

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

S. 6194--C                          6

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.

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

                                 6194--D
    Cal. No. 613

                            I N  S E N A T E

                            January 12, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Consumer  Protection
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report -- ordered to a third reading, amended and  ordered  reprinted,
  retaining its place in the order of third reading

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

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

                                                           LBD11286-09-2

S. 6194--D                          2

  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

S. 6194--D                          3

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

S. 6194--D                          4

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. 6194--D                          5

  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

S. 6194--D                          6

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.