Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Mar 31, 2009 |
referred to codes |
Senate Bill S3786
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
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) - 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
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
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