|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 13, 2012||referred to codes|
delivered to assembly
ordered to third reading cal.1245
committee discharged and committed to rules
|May 30, 2012||reported and committed to finance|
|Mar 29, 2012||referred to codes|
senate Bill S6856
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6856 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Add §405.02, amd §§270.00 & 405.00, Pen L
S6856 - Summary
Permits the use of certain outdoor consumer fireworks referred to as "mines" or "cakes" which are permitted under federal regulations.
S6856 - Sponsor Memo
BILL NUMBER:S6856 TITLE OF BILL: An act to amend the penal law, in relation to issuing permits for outdoor use of certain consumer fireworks PURPOSE OR GENERAL IDEA OF BILL: Allows the possession and outdoor use of consumer fireworks by a person holding a valid permit issued by a local municipality. SUMMARY OF SPECIFIC PROVISIONS: Creates a new section, Sec. 405.02, of the Penal Law, as follows: Part 1. Allows that consumer fireworks may be possessed and used outdoors by a person holding a valid permit issued by a local munici- pality. Part 2. A city, village or town will be authorized to issue or deny a permit and collect a fee for said permit for the outdoor use of consumer fireworks. Fees will be determined by the local municipality and defined at a reasonable rate. Said permit may be issued to an individual who is eighteen years of age or older. The local municipality may choose to deny or revoke the permit for space, weather, risk of fire or other specific safety concerns. If the permit is denied, the issuing body shall state in writing the reason therefore.
S6856 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6856 I N S E N A T E March 29, 2012 ___________ 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 outdoor use of certain consumer 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 NOT TO EXCEED FIFTY DOLLARS, AS DETERMINED BY THE PERMITTING AUTHORITY, ISSUE A PERMIT FOR THE OUTDOOR USE OF PERMISSIBLE CONSUMER FIREWORKS AS DEFINED IN THIS SECTION. A PERMIT MAY BE ISSUED TO A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER. THE PERMIT AUTHORITY SHALL RESERVE THE RIGHT TO DENY OR REVOKE ANY PERMIT FOR WEATHER, SPACE, RISK OF FIRE OR OTHER SPECIFIC SAFETY CONCERNS. IN THE EVENT THE PERMIT IS DENIED, THE ISSUING BODY SHALL STATE IN WRITING THE REASON THEREFOR. 3. "PERMISSIBLE CONSUMER FIREWORKS" SHALL MEAN AND INCLUDE: (A) (I) "MINE" DEVICES, WHICH ARE HEAVY CARDBOARD OR PAPER TUBES USUALLY ATTACHED TO A WOODEN OR PLASTIC BASE AND CONTAINING NOT MORE THAN SIXTY GRAMS OF TOTAL CHEMICAL COMPOSITION (LIFT CHARGE, BURST CHARGE, AND VISIBLE/AUDIBLE EFFECT COMPOSITION). UPON IGNITION STARS, COMPONENTS PRODUCING REPORTS CONTAINING UP TO ONE HUNDRED THIRTY MILLI- GRAMS OF EXPLOSIVE COMPOSITION PER REPORT, OR OTHER DEVICES, ARE PROPELLED INTO THE AIR. THE TERM MINE REFERS TO A DEVICE WITH NO INTER- NAL COMPONENTS CONTAINING A BURSTING CHARGE. A MINE DEVICE MAY CONTAIN MORE THAN ONE TUBE PROVIDED THAT THE TUBES FIRE IN SEQUENCE UPON IGNITION OF ONE EXTERNAL FUSE; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13958-05-2
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.