S T A T E   O F   N E W   Y O R K
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                                  4754

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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.