NY State Senate Bill 2009-S7448

Senate Bill S7448

Vetoed By Governor

2009-2010 Legislative Session

Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks

download bill text pdf

Archive: Last Bill Status - 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 01, 2010	vetoed memo.6826
Sep 20, 2010	delivered to governor
Jun 16, 2010	returned to senate passed assembly ordered to third reading rules cal.191 substituted for a10300a
Jun 10, 2010	referred to codes delivered to assembly passed senate
Jun 03, 2010	amended on third reading (t) 7448a
May 26, 2010	advanced to third reading
May 25, 2010	2nd report cal.
May 24, 2010	1st report cal.618
Apr 12, 2010	referred to codes

Votes

- Jun 10, 2010 - Floor Vote
  S7448
  
  58
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2010
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (3)
      
      LaValle
      
      Marcellino
      
      Ranzenhofer
      
      excused (1)
      
      Morahan
  May 24, 2010 - Codes Committee Vote
  S7448
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 24, 2010
      
      aye (16)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker

Bill Amendments

Original

A (Active)

2009-S7448 - Details

Law Section:: Penal Law
Laws Affected:: Amd §405.00, Pen L

2009-S7448 - Summary

Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks.

2009-S7448 - Sponsor Memo

                                 BILL NUMBER:  S7448

 TITLE OF BILL :
An act to amend the penal law, in relation to the definition of
fireworks


 PURPOSE :
To exempt sparklers that are used in a religious ceremony or event
that is conducted pursuant to Kabbalistic law from the definition of
fireworks.

 SUMMARY OF PROVISIONS :
Amends §270.00 of the penal law to exempt sparklers that are used in
connection with a religious ceremony or event that is conducted
pursuant to Kabbalistic law and is supervised by a rabbi or religious
coordinator who is at least 21 years of age from the definition of
fireworks.

 JUSTIFICATION :
Kabbalistic law is common to all of the myriad sects of the Jewish
religion. Pursuant to this law, a candle is regarded as a heavenly
spirit that should not be extinguished by human means.  According to
some religious scholars, the blowing out of a candle is comparable to
extinguishing life itself. At the very least, the blowing out of a
candle is considered to be a bad omen.

As a result, it is not uncommon to substitute sparklers for candles in
such ceremonies as weddings and bar mitzvahs. These sparklers are
designed to self-extinguish (approximately one minute), which obviates
the necessity of blowing them out. They are also safer than candles
because they produce a "cold" flame that is less likely to cause a
fire.

However, the use of sparklers - even for religious purposes - is
prohibited under section 270.00 of the Penal Law. As a result, persons
who conduct religious ceremonies or events that employ the use of
sparklers are subject to criminal prosecution and places of business
(such as catering halls) that host these events risk losing state and
local licenses and face other penalties if sparklers are used on their
premises.

For this reason, this bill seeks to legalize the use of sparklers that
are used in religious ceremonies and events that are conducted
pursuant to Kabbalistic Law. Since it is the unsupervised use of
sparklers by children that gave rise to the inclusion of sparklers
within the definition of fireworks, an additional safeguard is added
by requiring the ceremony or event to be supervised by a rabbi or
religious coordinator that is at least 21 years of age.

 FISCAL IMPACT :
None to the state.

 EFFECTIVE DATE :
Immediately.

2009-S7448 - Bill Text download pdf

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

                                  7448

                            I N  S E N A T E

                             April 12, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- 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 the  definition  of  fire-
  works

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

  Section 1. Subdivision 1 of  section  270.00  of  the  penal  law,  as
amended  by  chapter  180  of  the  laws  of 1997, is amended to read as
follows:
  1.   Definition of "fireworks" and  "dangerous  fireworks".  The  term
"fireworks,"  as used in this section, is defined and declared to be and
to include any blank cartridge, blank cartridge pistol, or toy cannon in
which explosives are used, firecrackers, sparklers or other  combustible
or  explosive  of  like  construction, or any preparation containing any
explosive or inflammable compound or any tablets or other device common-
ly used and sold as fireworks containing nitrates, chlorates,  oxalates,
sulphides  of  lead, barium, antimony, arsenic, mercury, nitroglycerine,
phosphorus  or  any  compound  containing  any  of  the  same  or  other
explosives,  or  any  substance or combination of substances, or article
prepared for the purpose of producing a visible or an audible effect  by
combustion,  explosion,  deflagration  or  detonation,  or  other device
containing any explosive substance and the  term  "dangerous  fireworks"
means any fireworks capable of causing serious physical injury and which
are: firecrackers containing more than fifty milligrams of any explosive
substance, torpedoes, skyrockets and rockets including all devices which
employ  any combustible or explosive substance and which rise in the air
during discharge, Roman candles, bombs, sparklers more than  ten  inches
in  length  or  one-fourth of one inch in diameter, or chasers including
all devices which dart or travel about the surface of the ground  during
discharge.  "Fireworks" and "dangerous fireworks" shall not be deemed to
include  (1)  flares of the type used by railroads or any warning lights
commonly known as red flares, or  marine  distress  signals  of  a  type
approved by the United States coast guard or (2) toy pistols, toy canes,
toy  guns  or  other  devices in which paper caps containing twenty-five

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

                                                           LBD16464-01-0

S. 7448                             2

hundredths grains or less of explosive compound are used, providing they
are so constructed that the hand cannot come in  contact  with  the  cap
when in place for use, and toy pistol paper caps which contain less than
twenty-hundredths grains of explosive mixture, the sale and use of which
shall  be  permitted  at all times, [or] (3) bank security devices which
contain not more than fifty grams of any compound or  substance  or  any
combination  thereof,  together  with an igniter not exceeding 0.2 gram,
capable of producing a lachrymating and/or visible  or  audible  effect,
where  such  device  is  stored  or used only by banks, national banking
associations, trust companies, savings banks, savings and  loan  associ-
ations,  industrial  banks,  or  credit  unions, or by any manufacturer,
wholesaler, dealer, jobber or common carrier for such devices and  where
the  total  storage  on  any  one  premises  does not exceed one hundred
devices, (4) SPARKLERS THAT ARE USED IN CONNECTION WITH RELIGIOUS  CERE-
MONY  OR  EVENT  THAT  IS  CONDUCTED  PURSUANT TO KABBALISTIC LAW AND IS
SUPERVISED BY A RABBI OR RELIGIOUS COORDINATOR THAT IS AT LEAST  TWENTY-
ONE YEARS OF AGE.
  S 2. This act shall take effect immediately.

2009-S7448A (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §405.00, Pen L

2009-S7448A (ACTIVE) - Summary

Relates to exempting qualified religious organizations from fees associated with permits required to display fireworks.

2009-S7448A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7448A

TITLE OF BILL:
An act to amend the penal law, in relation to exempting qualified reli-
gious organizations from fees associated with permits required to
display fireworks

PURPOSE:
This bill would authorize municipalities to enact ordinances or local
laws that exempt certain qualified religious organizations from fees for
permits to display fireworks.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 5 of section 405.00 of the penal law to
authorize every city, town or village to enact ordinances or local laws
to exempt certain qualified religious institutions, religious corpo-
rations or religious organizations that are qualified as an exempt
organization pursuant to the united states Internal Revenue Code (501
(c) (3,)) from payment of fees for permits for the display of fireworks.

JUSTIFICATION:
This bill is intended to give municipalities the discretion to waive any
fees associated with obtaining a permit to display fireworks when the
fireworks are for the display on premises used and owned or operated by
a qualified religious organization for a related religious purpose.

Granting this authority recognizes that fireworks include "sparklers"
which may be substituted for candles in certain religious ceremonies,
such as weddings and bar mitzvahs, and have religious significance.  For
example, pursuant to Kabbalistic tradition, a candle is regarded as a
heavenly spirit that should not be extinguished by human means.  In some
cases, a sparkler can replace a candle because it is designed to self
extinguish, and is more appropriate than a candle for purposes of a
religious ceremony.

However, religious organizations that choose to use fireworks for reli-
gious ceremonies are subject to either the cost of obtaining a permit to
display such fireworks, which may be high, or to criminal prosecution
for failing to obtain a permit, both of which may not be appropriate
depending on the type of firework and its intended use for a religions
ceremony or event.

This exemption will allow a city, town or village to enact local laws to
waive any fee associate with obtaining a permit for the display of fire-
works by those religious institutions, corporations and organizations
that choose to use such fireworks, such as sparklers, for religious
purposes.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-S7448A (ACTIVE) - Bill Text download pdf

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

                                 7448--A
    Cal. No. 618

                            I N  S E N A T E

                             April 12, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Codes  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT to amend the penal law, in relation to exempting qualified reli-
  gious organizations from fees  associated  with  permits  required  to
  display fireworks

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

  Section 1. Subdivision 5 of section 405.00 of the penal law is amended
to read as follows:
  5. Local ordinances [superseded]. All local ordinances  regulating  or
prohibiting  the  display  of  fireworks  are  hereby  superseded by the
provisions of this section. Every city, town or village shall  have  the
power  to enact ordinances or local laws [regulating]: (1) REGULATING or
prohibiting the use, or the storage, transportation or sale for  use  of
fireworks in the preparation for or in connection with television broad-
casts;  AND  (2)  PROVIDING  AN EXEMPTION FROM PAYMENT OF ANY FEES FOR A
PERMIT TO DISPLAY FIREWORKS ON PREMISES USED AND OWNED OR OPERATED BY  A
RELIGIOUS  INSTITUTION,  RELIGIOUS  CORPORATION OR ASSOCIATION ORGANIZED
AND OPERATED EXCLUSIVELY FOR RELIGIOUS PURPOSES  THAT  IS  QUALIFIED  AS
EXEMPT   PURSUANT   TO  UNITED  STATES  INTERNAL  REVENUE  CODE  SECTION
501(C)(3).
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16464-03-0

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