Permits the outdoor consumer use of fireworks upon completion of a safety course and issuance of a permit.
Ayes (21): DeFrancisco, Alesi, Bonacic, Farley, Flanagan, Golden, Griffo, Hannon, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Dilan, Gianaris, Oppenheimer, Parker
Ayes W/R (7): LaValle, Breslin, Montgomery, Peralta, Perkins, Stavisky, Squadron
Nays (5): Fuschillo, Krueger, Duane, Rivera, Stewart-Cousins
Excused (2): Johnson, Diaz
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.
STATE OF NEW YORK ________________________________________________________________________ 465--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. NOZZOLIO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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 USE OF CERTAIN CONSUMER FIREWORKS. 1. NOTWITHSTANDING THE PROVISIONS OF SECTION 270.00 OF THIS CHAPTER CONSUMER FIREWORKS AS DEFINED IN THIS SECTION MAY BE POSSESSED AND USED OUTDOORS BY A PERSON HOLDING A VALID PERMIT ISSUED BY A LOCAL MUNICI- PALITY UNDER THIS SECTION. 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 USE OF CONSUMER 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 WITHIN THE PAST THREE YEARS, PURSUANT TO SUBDIVISION THREE OF THIS SECTION. THE PERMIT AUTHORITY SHALL RESERVE THE RIGHT TO DENY OR REVOKE ANY PERMIT FOR ANY LEGITIMATE REASON INCLUDING, BUT NOT LIMIT- ED TO, SPACE, WEATHER, NOISE, COMPETING EVENT(S) OR OTHER. 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 THREE YEARS FROM THE DATE OF ISSUANCE. 4. "CONSUMER FIREWORKS" SHALL MEAN AND INCLUDE:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00619-05-1 S. 465--A 2
(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 (CPSC) IN 16 CFR, RELATING TO 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, 2001 EDITION 18.104.22.168 THROUGH 22.214.171.124, 126.96.36.199 THROUGH 188.8.131.52 AND 3.2.1 THROUGH 3.2.5 OR ANY SUCCESSOR STANDARD. 5. THE USE AND POSSESSION OF CONSUMER FIREWORKS SHALL NOT BE SUBJECT TO THE PROVISIONS OF PART 61 OF TITLE 12 OF THE NYCRR OR TO SECTIONS FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHT- Y-THREE OF THE GENERAL BUSINESS LAW. 6. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO PERMIT: (A) THE USE OF FIRECRACKERS, CHASERS, SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCKETS OR RELOADABLE TUBE AERIAL SHELL KITS AS DEFINED IN APA SECTIONS 87-1, 184.108.40.206 THROUGH 220.127.116.11 AND 18.104.22.168 THROUGH 22.214.171.124 AND IN 16 CFR, S405, AND GROUND BASED FIREWORKS AS DEFINED IN APA SECTIONS 87-1, 126.96.36.199 THROUGH 188.8.131.52 AND 3.2.1 THROUGH 3.25; OR (B) THE HOLDER TO VIOLATE ANY LOCAL ORDINANCES. 7. THIS SECTION SHALL NOT APPLY TO CITIES WITH A POPULATION OVER ONE MILLION OR MORE PEOPLE. S 2. Subdivision 2 of section 270.00 of the penal law, as amended by chapter 180 of the laws of 1997, is amended to read as follows: 2. Offense. (a) Except as herein otherwise provided, or except where a permit is obtained pursuant to section 405.00 OR 405.02; (i) any person who shall offer or expose for sale, sell or furnish, any fireworks or dangerous fireworks is guilty of a class B misdemeanor; (ii) any person who shall offer or expose for sale, sell or furnish any fireworks or dangerous fireworks valued at five hundred dollars or more shall be guilty of a class A misdemeanor; (b) (i) Except as herein otherwise stated, or except where a permit is obtained pursuant to section 405.00 OR 405.02, any person who shall possess, use, explode or cause to explode any fireworks or dangerous fireworks is guilty of a violation. (ii) A person who shall offer or expose for sale, sell or furnish, any dangerous fireworks to any person who is under the age of eighteen is guilty of a class A misdemeanor. (iii) A person who has previously been convicted of a violation of subparagraph (ii) of this paragraph within the preceding five years and who shall offer or expose for sale, sell or furnish, any dangerous fire- works to any person who is under the age of eighteen, shall be guilty of a class E felony. (c) Possession of fireworks or dangerous fireworks valued at ONE HUNDRED fifty dollars or more shall be a presumption that such fireworks were intended to be offered or exposed for sale. S 3. Section 405.00 of the penal law is amended by adding a new subdi- vision 6 to read as follows: 6. SECTION NOT APPLICABLE TO CONSUMER FIREWORKS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE USE AND POSSESSION OF CONSUMER FIRE- WORKS AS SUCH TERM IS DEFINED IN SECTION 405.02 OF THIS ARTICLE. S 4. This act shall take effect on the ninetieth day after it shall have become a law.