S T A T E O F N E W Y O R K
________________________________________________________________________
4754
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
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Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and
when printed to be committed 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:
Section 1. Section 463 of the labor law, as amended by section 14 of
part CC of chapter 57 of the laws of 2009, is amended to read as
follows:
S 463. Review. 1. All questions of fact arising under this article
shall be decided by the commissioner and there shall be no appeal from
such decision on any such question of fact, BUT THERE SHALL BE A RIGHT
OF REVIEW BY THE BOARD OF STANDARDS AND APPEALS OF ANY DECISION OF THE
COMMISSIONER DENYING AN APPLICATION FOR A LICENSE OR CERTIFICATE, OR
DENYING THE RENEWAL THEREOF, OR REVOKING A LICENSE OR CERTIFICATE AS
PROVIDED IN ARTICLE THREE OF THIS CHAPTER. [Upon the entry of an order
issued under sections four hundred fifty-nine and four hundred sixty of
this article, any party aggrieved thereby may commence a proceeding for
review thereof pursuant to article seventy-eight of the civil practice
law and rules within thirty days from the notice of the filing of the
said order in the office of the commissioner. Said proceeding shall be
commenced directly in the appellate division of the supreme court.]
Nothing in this section shall in any way limit, qualify or prevent the
commissioner from destroying explosives as provided under section four
hundred sixty of this article.
2. TO ADVISE THE COMMISSIONER IN RELATION TO INDUSTRY STANDARDS FOR
PYROTECHNIC DISPLAY ACTIVITIES AND HIS OR HER DUTIES AND POWERS PURSUANT
TO THIS ARTICLE, AND TO REVIEW RULES AND REGULATIONS PROPOSED BY THE
COMMISSIONER, THERE SHALL BE ESTABLISHED AN INDEPENDENT REVIEW BOARD, TO
BE KNOWN AS THE "PYROTECHNIC REVIEW BOARD", CONSISTING OF FIVE MEMBERS
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
S. 4754 2
NOR; ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE; ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
THE MEMBERS OF SUCH REVIEW BOARD SHALL EACH BE A REPRESENTATIVE OF:
BUSINESSES LEGALLY ENGAGED IN THE PRESENTATION OF DISPLAY PYROTECHNICS
EVENTS; OR THE MANUFACTURE OF DISPLAY PYROTECHNICS FOR SUCH USE; OR THE
DISTRIBUTION OF DISPLAY PYROTECHNICS OF ANY CLASS; OR CONSULTANTS OR
LEGAL ASSISTANTS TO THE DISPLAY PYROTECHNICS INDUSTRY; OR PERSONS FROM
THE GENERAL PUBLIC WITH PYROTECHNIC DISPLAY EXPERIENCE OR INTEREST.
THERE SHALL ONLY BE ONE MEMBER APPOINTED TO THE REVIEW BOARD FROM ANY
SINGLE BUSINESS ENGAGED IN THE PRESENTATION OF DISPLAY FIREWORKS, THE
MANUFACTURE OF DISPLAY FIREWORKS, THE DISTRIBUTION OF DISPLAY FIREWORKS,
AS CONSULTANTS OR LEGAL ASSISTANTS TO THE DISPLAY INDUSTRY OR FROM THE
GENERAL PUBLIC WITH PYROTECHNIC DISPLAY EXPERIENCE OR INTEREST. THE
GOVERNOR SHALL APPOINT THE CHAIR OF THE REVIEW BOARD FROM AMONGST THE
MEMBERS APPOINTED, AND DESIGNATE AND IDENTIFY TO THE SECRETARY OF THE
REVIEW BOARD A STAFF MEMBER IN THE GOVERNOR'S OFFICE WHO WILL SERVE AS
LIAISON.
3. EACH MEMBER OF THE REVIEW BOARD SHALL SERVE A TERM OF THREE YEARS,
OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED. ANY MEMBER OF THE BOARD
CHOSEN TO FILL A VACANCY OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM
SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER WHOM HE OR SHE
IS TO SUCCEED.
4. EACH MEMBER OF THE REVIEW BOARD SHALL SERVE WITHOUT SALARY OR OTHER
COMPENSATION, BUT SHALL BE ALLOWED, BY THE COMMISSIONER, NECESSARY AND
ACTUAL TRANSPORTATION, MEALS AND LODGING EXPENSES INCURRED IN THE
PERFORMANCE OF HIS OR HER DUTIES.
5. THE REVIEW BOARD SHALL CONSIDER ALL MATTERS RELATING TO THE IMPLE-
MENTATION OF THE PROVISIONS OF THIS ARTICLE AND IS HEREBY AUTHORIZED AND
DIRECTED TO REVIEW AND PRESCRIBE SUCH RULES AND REGULATIONS AS NECESSARY
AND PROPER FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE WITH
RESPECT TO PYROTECHNICS TRANSPORT, STORAGE, DISPLAY, SAFETY AND PYRO-
TECHNICIAN CERTIFICATION, AND ADVISE THE COMMISSIONER WITH RESPECT THER-
ETO, AND ON ITS OWN INITIATIVE MAY MAKE RECOMMENDATIONS TO THE COMMIS-
SIONER AS TO ANY RULES, REGULATIONS AND STATUTES NECESSARY TO ASSURE
PYROTECHNIC TRANSPORT, STORAGE, DISPLAY AND USE SAFETY. AT ITS VOLITION
AND AS CIRCUMSTANCES MAY REQUIRE, THE REVIEW BOARD MAY ISSUE REPORTS TO
THE GOVERNOR'S OFFICE ON MATTERS BEFORE IT.
6. THE REVIEW BOARD SHALL BE AVAILABLE, UPON PETITION BY AFFECTED
PARTIES, FOR REVIEW OF FACT AND ADVISEMENT TO THE BOARD OF STANDARDS AND
APPEALS IN MATTERS OF LICENSE OR CERTIFICATION DENIAL OR REVOCATION, OR
CIVIL OR CRIMINAL PENALTIES AS MAY BE ADJUDICATED BY THE COMMISSIONER
UNDER THE PROVISIONS OF THIS ARTICLE.
7. THE COMMISSIONER SHALL DESIGNATE AN OFFICE OR EMPLOYEE OF THE
DEPARTMENT TO ACT AS SECRETARY TO THE REVIEW BOARD, WHO SHALL NOT BE A
MEMBER OF SUCH BOARD AND WHO SHALL NOT RECEIVE ANY ADDITIONAL COMPEN-
SATION THEREFOR.
8. THE REVIEW BOARD MAY ADOPT BY-LAWS TO GOVERN ITS OWN PROCEEDINGS.
THE SECRETARY OF THE BOARD SHALL KEEP A COMPLETE RECORD OF ALL
PROCEEDINGS OF THE REVIEW BOARD WHICH SHOWS THE NAMES OF THE MEMBERS
PRESENT AT EACH MEETING AND EVERY MATTER CONSIDERED BY THE REVIEW BOARD
AND THE ACTION TAKEN THEREON. SUCH RECORDS SHALL BE FILED IN THE OFFICE
OF THE DEPARTMENT.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
