STATE OF NEW YORK
________________________________________________________________________
8166
2009-2010 Regular Sessions
IN ASSEMBLY
May 6, 2009
___________
Introduced by M. of A. SCHROEDER -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to explosives and to estab-
lish a pyrotechnic review board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 463 of the labor law, as amended by section 14 of
2 part CC of chapter 57 of the laws of 2009, is amended to read as
3 follows:
4 § 463. Review. 1. All questions of fact arising under this article
5 shall be decided by the commissioner and there shall be no appeal from
6 such decision on any such question of fact, but there shall be a right
7 of review by the board of standards and appeals of any decision of the
8 commissioner denying an application for a license or certificate, or
9 denying the renewal thereof, or revoking a license or certificate as
10 provided in article three of this chapter. [Upon the entry of an order
11 issued under sections four hundred fifty-nine and four hundred sixty of
12 this article, any party aggrieved thereby may commence a proceeding for
13 review thereof pursuant to article seventy-eight of the civil practice
14 law and rules within thirty days from the notice of the filing of the
15 said order in the office of the commissioner. Said proceeding shall be
16 commenced directly in the appellate division of the supreme court.]
17 Nothing in this section shall in any way limit, qualify or prevent the
18 commissioner from destroying explosives as provided under section four
19 hundred sixty of this article.
20 2. To advise the commissioner in relation to industry standards for
21 pyrotechnic display activities and his or her duties and powers pursuant
22 to this article, and to review rules and regulations proposed by the
23 commissioner, there shall be established an independent review board, to
24 be known as the "Pyrotechnic Review Board", consisting of five members
25 to be appointed as follows: one member shall be appointed by the gover-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11458-01-9
A. 8166 2
1 nor; one member shall be appointed by the temporary president of the
2 senate; one member shall be appointed by the speaker of the assembly;
3 one member shall be appointed by the minority leader of the senate; and
4 one member shall be appointed by the minority leader of the assembly.
5 The members of such review board shall each be a representative of:
6 businesses legally engaged in the presentation of display pyrotechnics
7 events; or the manufacture of display pyrotechnics for such use; or the
8 distribution of display pyrotechnics of any class; or consultants or
9 legal assistants to the display pyrotechnics industry; or persons from
10 the general public with pyrotechnic display experience or interest.
11 There shall only be one member appointed to the review board from any
12 single business engaged in the presentation of display fireworks, the
13 manufacture of display fireworks, the distribution of display fireworks,
14 as consultants or legal assistants to the display industry or from the
15 general public with pyrotechnic display experience or interest. The
16 governor shall appoint the chair of the review board from amongst the
17 members appointed, and designate and identify to the secretary of the
18 review board a staff member in the governor's office who will serve as
19 liaison.
20 3. Each member of the review board shall serve a term of three years,
21 or until his or her successor is appointed. Any member of the board
22 chosen to fill a vacancy occurring otherwise than by expiration of term
23 shall be appointed for the unexpired term of the member whom he or she
24 is to succeed.
25 4. Each member of the review board shall serve without salary or other
26 compensation, but shall be allowed, by the commissioner, necessary and
27 actual transportation, meals and lodging expenses incurred in the
28 performance of his or her duties.
29 5. The review board shall consider all matters relating to the imple-
30 mentation of the provisions of this article and is hereby authorized and
31 directed to review and prescribe such rules and regulations as necessary
32 and proper for the administration and enforcement of this article with
33 respect to pyrotechnics transport, storage, display, safety and pyro-
34 technician certification, and advise the commissioner with respect ther-
35 eto, and on its own initiative may make recommendations to the commis-
36 sioner as to any rules, regulations and statutes necessary to assure
37 pyrotechnic transport, storage, display and use safety. At its volition
38 and as circumstances may require, the review board may issue reports to
39 the governor's office on matters before it.
40 6. The review board shall be available, upon petition by affected
41 parties, for review of fact and advisement to the board of standards and
42 appeals in matters of license or certification denial or revocation, or
43 civil or criminal penalties as may be adjudicated by the commissioner
44 under the provisions of this article.
45 7. The commissioner shall designate an office or employee of the
46 department to act as secretary to the review board, who shall not be a
47 member of such board and who shall not receive any additional compen-
48 sation therefor.
49 8. The review board may adopt by-laws to govern its own proceedings.
50 The secretary of the board shall keep a complete record of all
51 proceedings of the review board which shows the names of the members
52 present at each meeting and every matter considered by the review board
53 and the action taken thereon. Such records shall be filed in the office
54 of the department.
55 § 2. This act shall take effect on the sixtieth day after it shall
56 have become a law.
