BILL NUMBER: S4754
 
SPONSOR: STACHOWSKI          

 
TITLE OF BILL:  An act to amend the labor law, in relation to
explosives and to establish a pyrotechnic review board
 
 
PURPOSE:  Establishes a Pyrotechnics Review Board which is independent
of the Department of Labor to ensure that the state's pyrotechnics
display industry and licensed pyrotechnicians have an effective voice in
Department of Labor rulemaking and adjudicatory proceedings under Labor
Law § 463.
 
 
SUMMARY OF SPECIFIC PROVISIONS:  Establishes an independent Pyrotech-
nics Review Board ("the Board") to advise the Commissioner of Labor on
industry standards for pyrotechnic display activities, to review rules
and regulations proposed by the Commission under Labor Law § 463, and to
serve as an independent arbiter for the Board of Standards and Appeals
on appeals in matters of licensing and certification denial or revoca-
tion.
 
Provides that the Board will consist of five members, each serving a
three year term. The Governor, the Senator Majority Leader, the Assembly
Speaker and the two legislative minority leaders will each have one
appointment to the Board. The bill requires Board members to be repre-
sentatives of businesses engaged in the manufacture, distribution or
presentation of display pyrotechnics. It directs the Governor to appoint
a Chair from among the Board members, and to designate an Executive
Chamber staff person to serve as liaison to the Board. Board members are
to serve without compensation, except for actual and necessary transpor-
tation, meals and lodging expenses incurred in the performance of their
duties.
 
 
JUSTIFICATION:  This bill would establish an independent Pyrotechnics
Review Board, within the Department of Labor, in order to ensure that
the state's pyrotechnics display industry and licensed pyrotechnicians
have an effective voice in the Department of Labor's regulation of the
pyrotechnics display industry.
 
A review board which includes a strong voice for the pyrotechnics
display industry is critical to the industry's growth and success. It
will serve as an important advisor to the Department of Labor and advo-
cate for industry concerns, and will ensure that the Governor's office
and the Legislature fully understand the industry's perspectives.
 
This industry review board that is independent of the Department of
Labor is similar to Amusement Ride Safety Review Board, which exists
under Labor Law § 870-n.
 
 
PRIOR LEGISLATIVE HISTORY:  New bill. It amends provisions enacted as
part of the 2009-10 state budget - Chapter 57 of the Laws of 2009, Part
CC.
 
 
FISCAL IMPLICATIONS:  This legislation will result in a small cost to
the Department of Labor for the payment of Board members' costs for
actual and necessary transportation, meals and lodging expenses incurred
in the performance of their duties, and for the designation of a staff
person to serve as secretary to the Board.
 
 
EFFECTIVE DATE:  Effective 60 days after it becomes law.