NY State Senate Bill 2009-S3786

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 31, 2009	referred to codes

2009-S3786 (ACTIVE) - Details

See Assembly Version of this Bill:: A7110
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §405.02, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S465, A1102

2009-S3786 (ACTIVE) - Summary

Permits the outdoor consumer use of fireworks upon completion of a safety course and issuance of a permit.

2009-S3786 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3786

 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 :
New legislation.

 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.

2009-S3786 (ACTIVE) - Bill Text download pdf

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

                                  3786

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 31, 2009
                               ___________

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
COMMERCIAL  PRACTICE,  OR  ANY  SUCCESSOR REGULATION, AND WHICH COMPLIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09801-01-9

S. 3786                             2

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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Senate Bill S3786

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S3786 (ACTIVE) - Details

2009-S3786 (ACTIVE) - Summary

2009-S3786 (ACTIVE) - Sponsor Memo

2009-S3786 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3786

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Sponsored By

Michael F. Nozzolio

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S3786 (ACTIVE) - Details

2009-S3786 (ACTIVE) - Summary

2009-S3786 (ACTIVE) - Sponsor Memo

2009-S3786 (ACTIVE) - Bill Text download pdf

Comments