senate Bill S4718A

Vetoed By Governor
2013-2014 Legislative Session

Relates to offenses relating to possession or sale of fireworks and sparkling devices; repealer

download bill text pdf

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 vetoed memo.281
Dec 06, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.694
substituted for a6695a
Jun 17, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1385
committee discharged and committed to rules
Jun 14, 2013 print number 4718a
amend and recommit to finance
May 08, 2013 reported and committed to finance
Apr 19, 2013 referred to codes

S4718 - Details

See Assembly Version of this Bill:
A6695A
Law Section:
Penal Law
Laws Affected:
Rpld & add §270.00 subs 1 - 3, amd §405.00, Pen L; amd §156, add §156-h, Exec L; add §392-j, Gen Bus L

S4718 - Summary

Relates to offenses relating to possession or sale of fireworks and sparkling devices.

S4718 - Sponsor Memo

S4718 - Bill Text download pdf

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

                                  4718

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

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, the executive law, and the general  busi-
  ness  law,  in  relation to offenses relating to possession or sale of
  fireworks and sparkling devices; and to repeal certain  provisions  of
  the penal law relating thereto

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

  Section 1. Subdivisions 1, 2, and 3 of section 270.00 of the penal law
are REPEALED and three new subdivisions 1, 2, and 3 are added to read as
follows:
  1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS".
  (A) THE TERM "FIREWORKS," AS USED IN THIS SECTION, INCLUDES:
  (I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS  DEVICES  IN  A  FINISHED
STATE,  EXCLUSIVE  OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER-
CIAL DISPLAYS WHICH ARE  DESIGNED  TO  PRODUCE  VISIBLE  AND/OR  AUDIBLE
EFFECTS  BY  COMBUSTION,  DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT
LIMITED TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF  EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION  EXCLUSIVE  OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN  PYRO-
TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL  USE  SIMILAR  TO  CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND
CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH  ARTICLES  MEET
THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
ARE  CLASSIFIED  BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49
CFR 172.101 AS UN0431;
  (III)  SPECIAL  EFFECTS,  WHICH  MEANS  ANY  COMBINATION  OF  CHEMICAL
ELEMENTS  OR  CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE
OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN  AUDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09141-02-3

S4718A (ACTIVE) - Details

See Assembly Version of this Bill:
A6695A
Law Section:
Penal Law
Laws Affected:
Rpld & add §270.00 subs 1 - 3, amd §405.00, Pen L; amd §156, add §156-h, Exec L; add §392-j, Gen Bus L

S4718A (ACTIVE) - Summary

Relates to offenses relating to possession or sale of fireworks and sparkling devices.

S4718A (ACTIVE) - Sponsor Memo

S4718A (ACTIVE) - Bill Text download pdf

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

                                 4718--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the penal law, the executive law, and the general busi-
  ness law, in relation to offenses relating to possession  or  sale  of
  fireworks  and  sparkling devices; and to repeal certain provisions of
  the penal law relating thereto

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

  Section 1. Subdivisions 1, 2, and 3 of section 270.00 of the penal law
are REPEALED and three new subdivisions 1, 2, and 3 are added to read as
follows:
  1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS".
  (A) THE TERM "FIREWORKS," AS USED IN THIS SECTION, INCLUDES:
  (I)  DISPLAY  FIREWORKS,  WHICH  MEANS FIREWORKS DEVICES IN A FINISHED
STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED  FOR  COMMER-
CIAL  DISPLAYS  WHICH  ARE  DESIGNED  TO  PRODUCE VISIBLE AND/OR AUDIBLE
EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION,  INCLUDING,  BUT  NOT
LIMITED  TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION EXCLUSIVE OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY  ITEMS  THAT
EXCEED  THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN PYRO-
TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
  (II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL USE SIMILAR TO CONSUMER FIREWORKS  IN  CHEMICAL  COMPOSITION  AND
CONSTRUCTION  BUT  NOT INTENDED FOR CONSUMER USE AND WHICH ARTICLES MEET
THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
ARE CLASSIFIED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION  IN  49
CFR 172.101 AS UN0431;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09141-03-3

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