N.Y. Labor Law § 870-n: Carnival, fair and amusement park safety advisory board

§ 870-n. Carnival, fair and amusement park safety advisory board. 1.

To advise the commissioner in relation to industry standards for

carnivals, fairs, amusement parks, amusement devices, tents and viewing

stands, and his or her duties and powers pursuant to this article, there

shall be established in the department an advisory board, to be known as

the "carnival, fair and amusement park safety advisory board",

consisting of eleven members to be appointed as follows: five members

shall be appointed by the governor, two members shall be appointed by

the temporary president of the senate, two members 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 advisory board

shall each be a representative of amusement parks; operators of

temporary amusement devices; businesses engaged in the rental of

temporary amusement devices; manufacturers and suppliers of amusement

devices, tents or viewing stands; or the general public. The governor

shall appoint the chair of the board from amongst the members appointed

by him or her.

2. Each member of the advisory board shall serve a term of five years,

or until his or her successor is appointed; provided that of the members

initially appointed to the advisory board: one member appointed by the

governor and the member appointed by the minority leader of the assembly

shall serve terms of one year; one member appointed by the governor and

one member appointed by the temporary president of the senate shall

serve terms of two years; one member appointed by the governor and one

member appointed by the speaker of the assembly shall be appointed for

terms of three years; one member appointed by the governor and one

member appointed by the minority leader of the senate shall be appointed

for terms of four years; and one member appointed by the governor, one

member appointed by the temporary president of the senate and one member

appointed by the speaker of the assembly shall be appointed for terms of

five years. 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 who he or she is to succeed.

3. Each member of the advisory board shall serve without salary or

other compensation, but shall be allowed necessary and actual

transportation expenses incurred in the performance of his or her

duties.

4. The advisory board shall consider all matters relating to the

implementation of the provisions of this article and advise the

commissioner with respect thereto, and on its own initiative may make

recommendations to the commissioner as to any rules, regulations and

statutes necessary to assure amusement park, carnival and fair safety.

5. The commissioner shall designate an officer or employee of the

department to act as secretary to the advisory board, who shall not be a

member of such board and who shall not receive any additional

compensation therefor.

6. The advisory 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 advisory board which shows the names of the members

present at each meeting and every matter considered by the advisory

board and the action taken thereon. Such records shall be filed in the

office of the department.