NY State Senate Bill 2011-S6856

Archive: Last Bill Status - In Assembly 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

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Actions

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	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

Votes

- Jun 13, 2012 - Floor Vote
  S6856
  
  56
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2012
      
      aye (56)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (4)
      
      Duane
      
      Fuschillo
      
      LaValle
      
      Marcellino
      
      excused (2)
      
      Huntley
      
      Krueger
  Jun 13, 2012 - Rules Committee Vote
  S6856
  
  19
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2012
      
      aye (19)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      nay (1)
      
      Duane
      
      aye wr (4)
      
      Fuschillo
      
      LaValle
      
      Perkins
      
      Saland
      
      excused (1)
      
      Krueger
  May 30, 2012 - Codes Committee Vote
  S6856
  
  12
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 30, 2012
      
      aye (12)
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      nay (1)
      
      Duane
      
      aye wr (3)
      
      Perkins
      
      Saland
      
      Squadron

2011-S6856 (ACTIVE) - Details

See Assembly Version of this Bill:: A9496
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §405.02, amd §§270.00 & 405.00, Pen L

2011-S6856 (ACTIVE) - Summary

Permits the use of certain outdoor consumer fireworks referred to as "mines" or "cakes" which are permitted under federal regulations.

2011-S6856 (ACTIVE) - 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.

Part 3. "Permissible consumer fireworks" shall mean and  include  "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. 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 the tubes fire in sequence upon ignition  of
one  external  fuse;  and "cake" devices, which refers to a dense-packed
collection of mine tubes, the total chemical composition  of  which  may
not  exceed  two  hundred  grams. The maximum quantity of lift charge in
anyone tube of a mine device shall not  exceed  twenty  grams,  and  the
maximum  quantity of break or bursting charge in any component shall not
exceed twenty-five percent of the total weight of  chemical  composition
in  the  component. Also permitted are "multiple tube devices" which are
devices containing more than one cardboard tube, whereby the ignition of
one external fuse causes all of the tubes to function in sequence.

Part 4. The use and  possession  of  consumer  fireworks  shall  not  be
subject  to  the  provisions of Part 61 of the NYCRR or to sections 480,
481, 482, or 483 of the general business law.

Part 5. Permits issued under this legislation do not permit the  use  of
firecrackers,  sky  rockets, bottle rockets, missile type rockets, heli-
copters, aerial spinners, roman candles,  shell  devices,  aerial  shell
kits  (reloadable  tubes)  and  chasers as defined in APA sections 87-1,
3.1.2.1 through 3.1.2.4, 3.1.2.5 (shell  devices)  and  3.1.2.6  through

3.1.3.2  and  in  16CFR,  and  ground  based fireworks as defined in APA
sections 87-1, 3.1.1.1 through 3.1.1.8  and  3.2  through  3.3,  or  any
devices deemed a violation of any local ordinances.

Part 7. Prohibits the issuing of permits for consumer fireworks in cites
with a population of over one million people.

Section  2.  Amends  subdivision 2 of section 270.00 of the penal law to
allow those persons holding a lawful permit to use permissible  consumer
fireworks.

Section  3.  Adds a new subdivision 6 to Section 405 of the penal law to
exempt the provisions of such section  to  the  use  and  possession  of
permissible consumer fireworks.

Section 4. States the effective date.

JUSTIFICATION:
This bill is being proposed to:

1) define permissible consumer fireworks;
2) provide for the sale and possession of permissible consumer
   fireworks;
3) provide authorization at the local
   municipal level (less than a million population) to issue permits
   for the outdoor use of permissible consumer fireworks;
4) provide for additional state revenues;
5) foster job opportunities and economic
   growth pertaining to permissible consumer fireworks.

Attendance at public displays has decreased in recent years and the
current ban is widely flouted. Significant changes have been made in
federal regulations by banning large explosive devices which prove to
be the most harmful (i.e. ashcans, cherry bombs, silver saluted,
etc.). These were the items that caused the most injuries prior to
the New York State ban in 1940.
The federal government established strict safety standards for
consumer fireworks in 1976.

In addition, the fireworks industry has established standards that
exceed federal guidelines, and are active participants in the
importation of safe fireworks into this country. Beginning in 1994,
the American Fireworks Standards Laboratory began its Quality
Improvement Program, which includes the testing of the consumer
fireworks products at the factory level in China before the products
are permitted to be exported to the United States.

United States Consumer Product Safety Commission (CPSC) statistics
show that mines or "cakes" are the safest of all fireworks. They have
a better safety record than public displays. These multiple tube
devices go up "hot" but are "cold" by the time they reach the ground,
thus alleviating the concern for fires.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Substantial generation of new sales tax revenue
for the State of New York. Generation of additional permit revenues
for local municipalities with a population of less than one million
people.
Increased job opportunities and economic growth.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6856 (ACTIVE) - 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

S. 6856                             2

  (II)  "CAKE"  DEVICES,  WHICH  REFER TO A DENSELY-PACKED COLLECTION OF
MINE TUBES, THE TOTAL CHEMICAL COMPOSITION OF WHICH MAY NOT  EXCEED  TWO
HUNDRED  GRAMS,  INCLUDING  LIFT  CHARGES.  THE MAXIMUM QUANTITY OF LIFT
CHARGE IN ANY ONE TUBE OF A MINE DEVICE SHALL NOT EXCEED  TWENTY  GRAMS,
AND  THE  MAXIMUM  QUANTITY OF BREAK OR BURSTING CHARGE IN ANY COMPONENT
SHALL NOT EXCEED TWENTY-FIVE PERCENT OF THE  TOTAL  WEIGHT  OF  CHEMICAL
COMPOSITION IN THE COMPONENT; AND
  (III)  "MULTIPLE  TUBE DEVICES" WHICH ARE DEVICES CONTAINING MORE THAN
ONE CARDBOARD TUBE, WHEREBY THE IGNITION OF ONE EXTERNAL FUSE CAUSES ALL
OF THE TUBES TO FUNCTION IN SEQUENCE. THE TUBES ARE EITHER  INDIVIDUALLY
ATTACHED  TO A WOOD BASE OR PLASTIC BASE, OR ARE DENSELY-PACKED AND HELD
TOGETHER BY GLUE, WIRE, STRING OR OTHER MEANS THAT  SECURELY  HOLDS  THE
TUBES  TOGETHER  DURING  OPERATION.  MULTIPLE  TUBE DEVICES ARE NORMALLY
LIMITED TO A MAXIMUM OF TWO HUNDRED GRAMS OF TOTAL PYROTECHNIC  COMPOSI-
TION  FOR  APPROVAL AS FIREWORKS. THE WEIGHT OF CHEMICAL COMPOSITION PER
TUBE IS LIMITED TO THE WEIGHT LIMIT FOR THE SPECIFIC TYPE OF  DEVICE  IN
THE TUBE. THE CONNECTING FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN
SEQUENCE  SO  THAT  THE TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE.
WHEN THE TUBES ARE SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND  THE
TUBES  ARE  SEPARATED  FROM  EACH  OTHER ON THE BASE BY A DISTANCE OF AT
LEAST ONE-HALF INCH, A MAXIMUM TOTAL WEIGHT OF  FIVE  HUNDRED  GRAMS  OF
PYROTECHNIC COMPOSITION SHALL BE PERMITTED; 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 PRODUCT SAFETY COMMISSION (CPSC) IN 16 CFR, RELAT-
ING TO COMMERCIAL PRACTICE,  OR  ANY  SUCCESSOR  REGULATION,  AND  WHICH
COMPLIES  WITH THE PROVISIONS FOR "CONSUMER FIREWORKS" AS DEFINED IN THE
AMERICAN PYROTECHNICS ASSOCIATION (APA) STANDARD 87-1, 2001  EDITION  OR
ANY SUCCESSOR STANDARD.
  4.  THE  USE AND POSSESSION OF CONSUMER FIREWORKS SHALL NOT BE SUBJECT
TO THE PROVISIONS OF PART 61 OF TITLE 12 OF THE NYCRR OR TO SECTION FOUR
HUNDRED EIGHTY, FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR
HUNDRED EIGHTY-THREE OF THE GENERAL BUSINESS LAW.
  5. ANY PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE  DEEMED  TO
PERMIT:
  (A)  THE  USE  OF  SKY  ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCKETS,
HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, SHELL DEVICES, AERIAL SHELL
KITS (RELOADABLE TUBES), FIRECRACKERS AND  CHASERS  AS  DEFINED  IN  APA
SECTIONS  87-1,  3.1.2.1  THROUGH  3.1.2.4,  3.1.2.5 (SHELL DEVICES) AND
3.1.2.6 THROUGH 3.1.3.2 AND IN 16 CFR, AND  GROUND  BASED  FIREWORKS  AS
DEFINED  IN  APA  SECTIONS 87-1, 3.1.1.1 THROUGH 3.1.1.8 AND 3.2 THROUGH
3.3; OR
  (B) THE HOLDER TO VIOLATE ANY OTHER LOCAL ORDINANCES.
  6. THIS SECTION SHALL NOT APPLY TO CITIES WITH  A  POPULATION  OF  ONE
MILLION OR MORE PEOPLE.
  S  2.  Subdivision 2 of section 270.00 of the penal law, as amended by
chapter 180 of the laws of 1997, is amended to read as follows:
  2. Offense. (a) Except as herein otherwise provided, or except where a
permit is obtained pursuant to section 405.00 OR 405.02; (i) any  person
who  shall  offer or expose for sale, sell or furnish,  any fireworks or
dangerous fireworks is guilty of a class B misdemeanor;
  (ii) any person who shall offer or expose for sale,  sell  or  furnish
any  fireworks  or dangerous fireworks valued at five hundred dollars or
more shall be guilty of a class A misdemeanor;
  (b) (i) Except as herein otherwise stated, or except where a permit is
obtained pursuant to section 405.00 OR  405.02,  any  person  who  shall

S. 6856                             3

possess,  use,  explode  or  cause to explode any fireworks or dangerous
fireworks is guilty of a violation.
  (ii) A person who shall offer or expose for sale, sell or furnish, any
dangerous  fireworks  to  any person who is under the age of eighteen is
guilty of a class A misdemeanor.
  (iii) A person who has previously been convicted  of  a  violation  of
subparagraph  (ii) of this paragraph within the preceding five years and
who shall offer or expose for sale, sell or furnish, any dangerous fire-
works to any person who is under the age of eighteen, shall be guilty of
a class E felony.
  (c) Possession of fireworks or dangerous fireworks valued  at  [fifty]
ONE  THOUSAND dollars or more shall be a presumption that such fireworks
were intended to be offered or exposed for sale.
  S 3. Section 405.00 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. SECTION NOT APPLICABLE TO CONSUMER  FIREWORKS.  THE  PROVISIONS  OF
THIS  SECTION  SHALL  NOT APPLY TO THE USE AND POSSESSION OF PERMISSIBLE
CONSUMER FIREWORKS AS SUCH TERM IS DEFINED IN  SECTION  405.02  OF  THIS
ARTICLE.
  S 4. This act shall take effect immediately.

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Senate Bill S6856

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 13, 2012 - Floor Vote

Floor Vote: Jun 13, 2012

Jun 13, 2012 - Rules Committee Vote

Rules Committee Vote: Jun 13, 2012

May 30, 2012 - Codes Committee Vote

Codes Committee Vote: May 30, 2012

2011-S6856 (ACTIVE) - Details

2011-S6856 (ACTIVE) - Summary

2011-S6856 (ACTIVE) - Sponsor Memo

2011-S6856 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6856

Share this bill

Sponsored By

Michael F. Nozzolio

Archive: Last Bill Status - In Assembly Committee

2011-S6856 (ACTIVE) - Details

2011-S6856 (ACTIVE) - Summary

2011-S6856 (ACTIVE) - Sponsor Memo

2011-S6856 (ACTIVE) - Bill Text download pdf

Comments