S465-2011 Actions

• Mar 20, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO CODES
• May 11, 2011: PRINT NUMBER 465A
• May 11, 2011: AMEND AND RECOMMIT TO CODES
• Jan 5, 2011: REFERRED TO CODES

S465-2011 Memo

BILL NUMBER:S465

TITLE OF BILL:
An act
to amend the penal law, in relation to issuing permits for consumer use
of fireworks

PURPOSE OR GENERAL IDEA OF BILL:
Allows possession and use of outdoors
fireworks by a person holding a valid permit issued by a municipality.

SUMMARY OF SPECIFIC PROVISIONS:
Creates a new section, Sec. 405.02, of the Penal Law, as follows:

Section 1. Allows that consumer fireworks may be possessed and used
outdoors by a person holding a valid permit issued by a municipality.
Section 2. The permit authority of a city, village or town may issue
a permit for the outdoor consumer use of fireworks. Said permit may
be issued to a person who is eighteen years of age or older and who
holds a valid proof of completion of a consumer fireworks safety course.
Section 3. A consumer fireworks safety course must be taught by a
fireworks group recognized by the American Pyrotechnics Association.
Such proof shall be issued upon completion of the course and will be
valid for two years from the date of issue.
Section 4. "Consumer fireworks" shall mean and include any combustible
or explosive composition or combination thereof intended to produce
visible and/or audible effects by combustion and must comply with
"consumer fireworks" regulations as defined in the American
Pyrotechnics Association (APA) Standard 87-1 or any successor
standard.
Section 5. Restricts the use of firecrackers, rockets, missiles,
aerial shell kits, reloadable mortars or wire sparklers, and the
violation of any local ordinances.
Section 6. Prohibits issue of permits in cities with a population of
over one million people.

JUSTIFICATION:
For over 65 years there has been a complete ban on the possession and
use of consumer fireworks by individuals in the State of New York.
Significant changes have been made in federal regulations by banning
large explosive devices which prove to be the most harmful (i.e.
ashcans, cherry bombs, silver salutes, etc.), and establishing safety
standards for consumer fireworks. In addition, the fireworks
industry has established standards that exceed the federal
guidelines, and they are an active participant in the importation of
safe fireworks into this country. Statistics show that injury and
death caused by fireworks used by consumers has been reduced in
recent years as a result of these guidelines. This legislation would
still prohibit the use of the most dangerous fireworks.

PRIOR LEGISLATIVE HISTORY:
S.3786 of 2009/2010

FISCAL IMPLICATIONS:
Potential generation of new sales tax revenue.


EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become law.

S465-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          465
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the penal  law,  in  relation  to  issuing  permits  for
 consumer use of fireworks
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The penal law is amended by adding a new section 405.02  to
 read as follows:

 

S 405.02 PERMITS FOR OUTDOOR CONSUMER USE OF FIREWORKS.
 1.  NOTWITHSTANDING  THE  PROVISIONS OF SECTION 270.00 OF THIS CHAPTER
 CONSUMER FIREWORKS MAY BE POSSESSED AND USED OUTDOORS BY A PERSON  HOLD
 ING A VALID PERMIT ISSUED BY A MUNICIPALITY.
 2.  THE  PERMIT AUTHORITY OF A CITY, VILLAGE OR TOWN MAY UPON APPLICA
 TION IN WRITING AND THE PAYMENT OF A REASONABLE FEE,  AS  DETERMINED  BY
 THE PERMITTING AUTHORITY, ISSUE A PERMIT FOR THE OUTDOOR CONSUMER USE OF
 FIREWORKS.  A  PERMIT MAY BE ISSUED TO A PERSON WHO IS EIGHTEEN YEARS OF
 AGE OR OLDER AND HAS VALID PROOF OF COMPLETION OF A  CONSUMER  FIREWORKS
 SAFETY COURSE, PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
 3.  THE CONSUMER FIREWORKS SAFETY COURSE MUST BE TAUGHT BY A FIREWORKS
 GROUP, ORGANIZATION OR COMPANY RECOGNIZED BY THE  AMERICAN  PYROTECHNICS
 ASSOCIATION.  UPON  THE  COMPLETION  OF  SUCH  SAFETY COURSE, A PROOF OF
 COMPLETION SHALL BE ISSUED AND SHALL BE VALID FOR  TWO  YEARS  FROM  THE
 DATE OF ISSUANCE.
 4. "CONSUMER FIREWORKS" SHALL MEAN AND INCLUDE:

 (A)  ANY  COMBUSTIBLE  OR  EXPLOSIVE  COMPOSITION  OR ANY SUBSTANCE OR
 COMBINATION OF SUBSTANCES, INTENDED TO PRODUCE  VISIBLE  AND/OR  AUDIBLE
 EFFECTS BY COMBUSTION; AND
 (B)  WHICH  IS  SUITABLE  FOR  USE BY THE PUBLIC BY COMPLYING WITH THE
 CONSTRUCTION, PERFORMANCE, COMPOSITION AND LABELING REQUIREMENTS PROMUL
 GATED BY THE CONSUMER PRODUCTS SAFETY COMMISSION IN 16 CFR, RELATING  TO
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00619-01-1
 
       S. 465                              2
 COMMERCIAL  PRACTICE,  OR  ANY  SUCCESSOR REGULATION, AND WHICH COMPLIES
 WITH THE PROVISIONS FOR "CONSUMER FIREWORKS" AS DEFINED IN THE  AMERICAN
 PYROTECHNICS ASSOCIATION (APA) STANDARD 87-1, OR ANY SUCCESSOR STANDARD.
 5.  ANY  PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO
 PERMIT:

 (A) THE USE OF FIRECRACKERS, ROCKETS,  MISSILES,  AERIAL  SHELL  KITS,
 RELOADABLE MORTARS OR WIRE SPARKLERS; OR
 (B) THE HOLDER TO VIOLATE ANY LOCAL ORDINANCES.
 6.  THIS  SECTION SHALL NOT APPLY TO CITIES WITH A POPULATION OVER ONE
 MILLION OR MORE PEOPLE.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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