Assembly Bill A6695A

Vetoed By Governor
2013-2014 Legislative Session

Relates to offenses relating to possession or sale of fireworks and sparkling devices; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S4718 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2013-A6695 - Details

See Senate Version of this Bill:
S4718
Law Section:
Penal Law
Laws Affected:
Rpld & add §270.00 subs 1 - 3, amd §405.00, Pen L; amd §156, add §156-h, Exec L; add §392-j, Gen Bus L

2013-A6695 - Summary

Relates to offenses relating to possession or sale of fireworks and sparkling devices.

2013-A6695 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6695

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2013
                               ___________

Introduced  by  M.  of  A.  MORELLE, LUPARDO, ZEBROWSKI -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, the executive law, and the general  busi-
  ness  law,  in  relation to offenses relating to possession or sale of
  fireworks and sparkling devices; and to repeal certain  provisions  of
  the penal law relating thereto

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

  Section 1. Subdivisions 1, 2, and 3 of section 270.00 of the penal law
are REPEALED and three new subdivisions 1, 2, and 3 are added to read as
follows:
  1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS".
  (A) THE TERM "FIREWORKS," AS USED IN THIS SECTION, INCLUDES:
  (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS  DEVICES  IN  A  FINISHED
STATE,  EXCLUSIVE  OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER-
CIAL DISPLAYS WHICH ARE  DESIGNED  TO  PRODUCE  VISIBLE  AND/OR  AUDIBLE
EFFECTS  BY  COMBUSTION,  DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT
LIMITED TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF  EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL  USE  SIMILAR  TO  CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND
CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH  ARTICLES  MEET
THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
ARE  CLASSIFIED  BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49
CFR 172.101 AS UN0431;
  (III)  SPECIAL  EFFECTS,  WHICH  MEANS  ANY  COMBINATION  OF  CHEMICAL
ELEMENTS  OR  CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE
OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN  AUDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09141-02-3
              

co-Sponsors

2013-A6695A (ACTIVE) - Details

See Senate Version of this Bill:
S4718
Law Section:
Penal Law
Laws Affected:
Rpld & add §270.00 subs 1 - 3, amd §405.00, Pen L; amd §156, add §156-h, Exec L; add §392-j, Gen Bus L

2013-A6695A (ACTIVE) - Summary

Relates to offenses relating to possession or sale of fireworks and sparkling devices.

2013-A6695A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6695--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2013
                               ___________

Introduced  by  M.  of  A.  MORELLE, LUPARDO, ZEBROWSKI -- read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, the executive law, and the general  busi-
  ness  law,  in  relation to offenses relating to possession or sale of
  fireworks and sparkling devices; and to repeal certain  provisions  of
  the penal law relating thereto

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

  Section 1. Subdivisions 1, 2, and 3 of section 270.00 of the penal law
are REPEALED and three new subdivisions 1, 2, and 3 are added to read as
follows:
  1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS".
  (A) THE TERM "FIREWORKS," AS USED IN THIS SECTION, INCLUDES:
  (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS  DEVICES  IN  A  FINISHED
STATE,  EXCLUSIVE  OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER-
CIAL DISPLAYS WHICH ARE  DESIGNED  TO  PRODUCE  VISIBLE  AND/OR  AUDIBLE
EFFECTS  BY  COMBUSTION,  DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT
LIMITED TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF  EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL  USE  SIMILAR  TO  CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND
CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH  ARTICLES  MEET
THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
ARE  CLASSIFIED  BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49
CFR 172.101 AS UN0431;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09141-04-3

              

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