senate Bill S465A

2011-2012 Legislative Session

Permits the outdoor consumer use of fireworks

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.949
Mar 20, 2012 reported and committed to finance
Jan 04, 2012 referred to codes
May 11, 2011 print number 465a
amend and recommit to codes
Jan 05, 2011 referred to codes

Votes

view votes

May 30, 2012 - Finance committee Vote

S465A
21
5
committee
21
Aye
5
Nay
7
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Mar 20, 2012 - Codes committee Vote

S465A
11
3
committee
11
Aye
3
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 20, 2012

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S465 - Details

See Assembly Version of this Bill:
A1102C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §405.02, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3786, A7110

S465 - Summary

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

S465 - Sponsor Memo

S465 - Bill Text download pdf

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

                                   465

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

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

Co-Sponsors

S465A (ACTIVE) - Details

See Assembly Version of this Bill:
A1102C
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §405.02, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3786, A7110

S465A (ACTIVE) - Summary

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

S465A (ACTIVE) - Sponsor Memo

S465A (ACTIVE) - Bill Text download pdf

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

                                 465--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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.

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