senate Bill S6856

2011-2012 Legislative Session

Permits the use of certain outdoor consumer fireworks

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to codes
delivered to assembly
passed senate
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

S6856 - Details

See Assembly Version of this Bill:
A9496A
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

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

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