S T A T E O F N E W Y O R K
________________________________________________________________________
4511--A
Cal. No. 144
2013-2014 Regular Sessions
I N S E N A T E
April 5, 2013
___________
Introduced by Sens. MARCELLINO, MARCHIONE -- read twice and ordered
printed, and when printed to be committed to the Committee on Cultural
Affairs, Tourism, Parks and Recreation -- recommitted to the Committee
on Cultural Affairs, Tourism, Parks and Recreation in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and 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 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 execu-
tive 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; 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:
1 Section 1. Section 74-a of the state law is REPEALED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10120-02-4
S. 4511--A 2
1 S 2. Section 57.03 of the arts and cultural affairs law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. (A) TO MAKE RECOMMENDATIONS TO STATE AGENCIES REGARDING THE CUSTO-
4 DY, DISPLAY, CONSERVATION, PRESERVATION AND MAINTENANCE OF WORKS OF ART
5 IN THE EMPIRE STATE PLAZA UNDER THE JURISDICTION OF SUCH AGENCIES;
6 (B) TO APPRAISE AND CATALOGUE WORKS OF ART IN THE EMPIRE STATE PLAZA;
7 (C) TO ADVISE AND ASSIST STATE AGENCIES IN THE PREPARATION AND
8 DISTRIBUTION OF PUBLICATIONS BY SUCH AGENCIES;
9 (D) TO MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE AND THE
10 COMMISSIONER OF GENERAL SERVICES REGARDING THE PURCHASE OF WORKS OF ART
11 FOR DISPLAY AT THE EMPIRE STATE PLAZA;
12 (E) TO SOLICIT AND ACQUIRE BY GIFT, GRANT OR LOAN SUCH WORKS OF ART
13 FOR DISPLAY AT THE EMPIRE STATE PLAZA AS IT DEEMS TO BE IN THE BEST
14 INTERESTS OF THE PEOPLE OF THE STATE;
15 (F) TO ENTER INTO SUCH CONTRACTS AS MAY BE NECESSARY OR APPROPRIATE
16 FOR THE PERFORMANCE OF THE FUNCTIONS VESTED IN IT BY THIS ARTICLE;
17 (G) TO RENDER SUCH ASSISTANCE AS THE LEGISLATURE OR EITHER HOUSE THER-
18 EOF MAY REQUEST WITH RESPECT TO THE LEGISLATIVE OFFICE BUILDING AND
19 OTHER OFFICES AND FACILITIES OF THE LEGISLATURE IN THE EMPIRE STATE
20 PLAZA;
21 (H) TO RENDER SUCH ASSISTANCE AS THE COMMISSIONER OF EDUCATION MAY
22 REQUEST WITH RESPECT TO THE CULTURAL EDUCATION CENTER;
23 (I) TO SOLICIT AND ACCEPT GIFTS, CONTRIBUTIONS AND BEQUEST OF FUNDS
24 FROM INDIVIDUALS, FOUNDATIONS, CORPORATIONS AND OTHER ORGANIZATIONS OR
25 INSTITUTIONS FOR PURPOSES OF THE COMMISSION. ALL FUNDS FROM SUCH GIFTS,
26 CONTRIBUTIONS AND BEQUESTS SHALL BE DEPOSITED IN A STATE FIDUCIARY FUND,
27 EXPENDITURES FROM WHICH SHALL BE LIMITED TO THE PURPOSES SET FORTH IN
28 THIS ARTICLE;
29 (J) TO ESTABLISH A PROGRAM, IN CONSULTATION WITH THE COMMISSIONER OF
30 GENERAL SERVICES, FOR THE PROMOTION OF THE EMPIRE STATE PLAZA ART
31 COLLECTION TO THE PUBLIC THROUGH SUCH MEANS AS DETERMINED TO BE APPRO-
32 PRIATE, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL SEMINARS, REMOTE
33 EXHIBITIONS, SPECIAL EVENTS AND THE SALE OF SOUVENIRS OR MEMENTOS
34 RELATED TO THE COLLECTION. ALL RECEIPTS FROM PROMOTIONAL EFFORTS SHALL
35 BE DEPOSITED IN A STATE FIDUCIARY FUND, EXPENDITURES FROM WHICH SHALL BE
36 LIMITED TO THE PURPOSES SET FORTH IN THIS ARTICLE; AND
37 (K) TO APPOINT A CURATOR AND ASSOCIATED EMPLOYEES, PRESCRIBE POWERS
38 AND DUTIES OF THE CURATOR, AND SHALL FIX HIS OR HER COMPENSATION WITHIN
39 THE AMOUNTS APPROPRIATED THEREFOR.
40 S 3. Article 4 of the arts and cultural affairs law is REPEALED.
41 S 4. Section 16 of the agriculture and markets law is amended by
42 adding a new subdivision 45 to read as follows:
43 45. WHEN CONSIDERING PLANS, POLICIES AND PROGRAMS PURSUANT TO ARTICLE
44 FOURTEEN OF THIS CHAPTER, THE COMMISSIONER SHALL CONSULT WITH THE PLANT
45 INDUSTRY, INCLUDING, BUT NOT LIMITED TO HORTICULTURE OR VEGETABLE GROW-
46 ERS AND THE CORNELL COOPERATIVE EXTENSION.
47 S 5. Section 169-c of the agriculture and markets law is REPEALED.
48 S 6. Subdivision 3 of section 73-c of the transportation law is
49 REPEALED.
50 S 7. Section 73-d of the transportation law is REPEALED.
51 S 8. Subdivision 2 and the opening paragraph of subdivision 5 of
52 section 73-e of the transportation law, as amended by chapter 562 of the
53 laws of 1987, are amended and a new subdivision 6 is added to read as
54 follows:
55 2. Eligible expenses and services. The department shall[, in consul-
56 tation with the interagency coordinating committee on rural public
S. 4511--A 3
1 transportation,] define and determine the categories or types of
2 expenses or services that will be eligible for financial assistance.
3 Public transportation services funded under this article should be
4 designed to maximize usage by the public, including transportation
5 disadvantaged persons. Rail, air, water, freight, emergency medical,
6 charter or tour transportation services shall not be eligible for
7 assistance provided by this article. No payment of financial assistance
8 under this section shall be made for any expenses incurred by a rural
9 county or its subcontractors prior to the date it receives written
10 notice from the commissioner that it shall be awarded a grant under this
11 article.
12 Coordination of federal, state, local and private aid; report. The
13 department may compile and maintain current information on available and
14 pending federal, state, local and private aid affecting coordinated
15 public transportation services in rural counties. The department may
16 request and shall be entitled to receive information from state or local
17 agencies regarding the amount of federal, state and local aid received
18 by public and private nonprofit organizations providing or contracting
19 for transportation services and the purpose for which the aid is
20 received. The commissioner may[, in consultation with the interagency
21 coordinating committee on rural public transportation,] use the follow-
22 ing criteria to recommend policies to the governor and the legislature
23 that would or could promote compliance with the purposes of this subdi-
24 vision:
25 6. THE COMMISSIONER SHALL, IN IMPLEMENTING THIS ARTICLE, CONSULT WITH
26 THE OFFICE FOR THE AGING, THE OFFICE OF MENTAL HEALTH, AND THE OFFICE
27 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; AND THE DEPARTMENTS OF
28 LABOR, HEALTH, SOCIAL SERVICES, STATE, AND AGRICULTURE AND MARKETS; THE
29 STATE ADVOCATE FOR THE DISABLED; THE DIVISION FOR YOUTH AND REPRESEN-
30 TATION OF CONSUMERS AND PROVIDERS OF TRANSPORTATION SERVICES IN RURAL
31 COUNTIES.
32 S 9. Subdivision 1 of section 73-h of the transportation law, as
33 amended by chapter 562 of the laws of 1987, is amended to read as
34 follows:
35 1. For those rural counties having an approved and implemented coordi-
36 nated public transportation service plan which has maintained existing
37 levels of funding used for transportation by the coordinated service and
38 has documented the need for additional operating aid, the commissioner
39 may[, in consultation with the interagency coordinating committee on
40 rural public transportation,] grant up to twenty-five thousand dollars
41 per year for operating aid for up to five successive years, subject to
42 annual appropriations to be included in the state budget. Such aid may
43 be extended annually when the county or operator of the coordinated
44 public transportation service has adequately demonstrated the need for
45 such continued aid and that criteria for continuing aid established by
46 rules issued by the commissioner have been met.
47 S 10. Subdivisions 6, 14 and 15 of section 73-j of the transportation
48 law, subdivision 6 as amended by chapter 562 of the laws of 1987 and
49 subdivisions 14 and 15 as amended by chapter 659 of the laws of 1989,
50 are amended to read as follows:
51 6. Except as provided for in section seventy-three-g of this article,
52 a rural county's apportionment of funds made available in accordance
53 with this article may be used for capital, operating and or administra-
54 tive assistance to provide rural public transportation. The commission-
55 er[, in consultation with the interagency coordinating committee on
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1 rural public transportation,] may award other grants for operating and
2 capital expenses.
3 14. Notwithstanding any other provisions of this article to the
4 contrary, no application for financial assistance made pursuant to
5 section seventy-three-g of this article shall be awarded by the commis-
6 sioner for less than fifty-five thousand dollars or for less than the
7 amount requested unless the commissioner shall, in writing, prior to
8 making the award, each year certify the reasons why such applicant was
9 awarded less than fifty-five thousand dollars or an amount less than
10 requested. Such certification, including the reasons for such action,
11 shall be sent to the applicant, [the interagency coordinating committee
12 on rural public transportation,] the secretary of the senate finance
13 committee, the secretary of the assembly ways and means committee, the
14 director of the office of rural affairs and the director of the legisla-
15 tive commission on the development of rural resources.
16 15. Notwithstanding any other provisions of this article to the
17 contrary, no grant for operating aid, as authorized by section seventy-
18 three-h of this article, shall be made by the commissioner to any county
19 for less than thirty-five thousand dollars in any one year unless the
20 commissioner shall, in writing, prior to making the grant, each year
21 certify the reasons why such county was awarded less than thirty-five
22 thousand dollars. Such certification including the reasons for such
23 action shall be sent to such county, [the interagency coordinating
24 committee on rural public transportation,] the secretary of the senate
25 finance committee, the secretary of the assembly ways and means commit-
26 tee, the director of the office of rural affairs and the director of the
27 legislative commission on the development of rural resources.
28 S 11. Section 73-p of the transportation law, as added by chapter 895
29 of the laws of 1986, is amended to read as follows:
30 S 73-p. Department report. Commencing December thirty-first, nineteen
31 hundred eighty-seven, the department[, in cooperation with the state
32 interagency coordinating committee on rural public transportation,]
33 shall prepare and submit to the governor and the legislature a report on
34 or before the first day of January of each year, which shall include
35 information relating to the operation of coordinated public transporta-
36 tion services in rural counties then being funded under this article and
37 any recommendations for overall program improvement; stating the
38 receipts and disbursements made during the preceding fiscal year and
39 adequacy of programs financed by federal, state, local and private aid
40 in rural counties of the state. The department shall analyze the
41 programs financed in accordance with this article and recommend methods
42 of avoiding duplication and increasing the efficacy of programs
43 financed. The department shall receive comments from the officers and
44 agents of affected state and local government units relative to the
45 department's analysis.
46 S 12. Subdivision 13 of section 89-ppp of the general business law, as
47 added by chapter 557 of the laws of 1997, is amended to read as follows:
48 13. "Qualified firearms training course" means a minimum forty-seven
49 hour firearms training course for armored car guards that is specific
50 and germane to the armored car carrier industry, recognized by the divi-
51 sion in consultation with the [board] ARMORED CAR CARRIER INDUSTRY AND
52 THE NEW YORK ARMORED CAR ASSOCIATION, INC.
53 S 13. Subdivision 4 of section 89-sss of the general business law, as
54 added by chapter 557 of the laws of 1997, is amended to read as follows:
55 4. The commissioner[, upon the recommendation and with the general
56 advice of the board,] shall waive the training requirements specified in
S. 4511--A 5
1 subdivision one of this section, with respect to applicants employed by
2 armored car carriers, if the applicant provides appropriate documenta-
3 tion to demonstrate that he or she was or is subject to training
4 requirements which meet or exceed the requirements established pursuant
5 to such subdivision.
6 S 14. Section 89-yyy of the general business law, as added by chapter
7 557 of the laws of 1997, is amended to read as follows:
8 S 89-yyy. Regulations. The secretary and commissioner, in consultation
9 with the [board] ARMORED CAR CARRIER INDUSTRY AND THE NEW YORK ARMORED
10 CAR ASSOCIATION, INC., are hereby authorized and empowered to promulgate
11 rules and regulations necessary for the proper conduct of the business
12 authorized under this article, and not inconsistent herewith.
13 S 15. Subdivision 14 of section 601 of the executive law is REPEALED.
14 S 16. Subdivision 12 of section 604 of the executive law, as added by
15 chapter 729 of the laws of 2005, is amended and a new subdivision 13 is
16 added to read as follows:
17 12. To create and maintain a consumer awareness pamphlet[, in conjunc-
18 tion with the advisory council,] to include, but not be limited to,
19 detailing the certification process, installer selection rights, the
20 dispute resolution process, the differences between the types of hous-
21 ing, and other consumer protection issues. Such pamphlet shall be avail-
22 able to the public, and published on the department's website.
23 13. THE SECRETARY SHALL, IN IMPLEMENTING THIS ARTICLE AND REVISING
24 REGULATIONS, CONSULT WITH INSTALLERS, PARK RESIDENCE ADVOCACY ASSOCI-
25 ATIONS, RETAILERS, AND MANUFACTURED HOME INDUSTRY TRADE ASSOCIATIONS,
26 MANUFACTURERS, THE ENGINEERING INDUSTRY INVOLVED IN MANUFACTURED HOUSING
27 ISSUES, CONSUMER ADVOCACY ASSOCIATIONS INVOLVED IN MANUFACTURED HOUSING
28 ISSUES, AND MANUFACTURED HOUSING RESIDENT OWNERS.
29 S 17. Sections 611 and 612 of the executive law are REPEALED.
30 S 18. Section 154 of the labor law is REPEALED.
31 S 19. This act shall take effect immediately.