§ 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.