A01102 Summary:

BILL NO    A01102C

SAME AS    SAME AS S00465-A

SPONSOR    Kolb (MS)

COSPNSR    

MLTSPNSR   Calhoun, Giglio, Hawley

Add S405.02, amd SS270.00 & 405.00, Pen L

Permits the outdoor consumer use of fireworks upon completion of a safety
course and issuance of a permit.
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A01102 Actions:

BILL NO    A01102C

01/05/2011 referred to codes
02/16/2011 amend and recommit to codes
02/16/2011 print number 1102a
03/21/2011 amend (t) and recommit to codes
03/21/2011 print number 1102b
05/09/2011 amend (t) and recommit to codes
05/09/2011 print number 1102c
01/04/2012 referred to codes
03/20/2012 held for consideration in codes
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A01102 Votes:

There are no votes for this bill in this legislative session.
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A01102 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1102C
 
SPONSOR: Kolb (MS)
  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 possession and outdoor use of certain consumer fireworks by a person holding a valid permit issued by a local municipality.   SUMMARY OF SPECIFIC PROVISIONS: Creates a new section, See. 405.02, of the Penal Law, as follows: Part 1. Allows that certain 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 certain consumer fireworks: Fees will be determined by the local municipality and defined as a reasonable rate. Said permit may be issued to an indi- vidual who is eighteen years of age or older and who holds valid proof of completion of an approved consumer fireworks safety course. Such safety course must be renewed every 3 years. The local municipality may choose to deny or revoke the permit for any legitimate reason including, but not limited to, space, weather, competing events, or other. Part 3. The approved fireworks safety course must be taught by instruc- tors of a fireworks safety group recognized and approved by the American Pyrotechnics Association. Such proof shall be issued upon completion of the course and will be valid for three years from the date of issue. Part 4. "Consumer Fireworks" shall. mean and include any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public complying with requirements promulgated by the consumer products safety commission (CPSC) in 16 CFR and which complies with "Consumer fireworks" regulations as defined in the American Pyrotechnics Association (APA) Standard 87-1, 2001 edition, or any successor standard. Part 5. The use and possession of consumer fireworks shall not be subject to the provisions of Part 61 of the NYCRR or to sections 481, 482, or 483 of the general business law. Part 6. Permits issued under this legislation do not permit the use of firecrackers, chasers, sky rockets, bottle rockets, missile type rockets or re-loadable tube aerial shell kits as defined in APA sections 87-1, 3.1.2.1 through 3.1.2.2 and 3.1.2.6 through 3.1.3.2 and in 16CFR, Section 405, or any devices deemed a violation of any local ordinances. Part 7. Prohibits the issuing of permits for certain 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 remove those persons holding a lawful permit to use consumer fireworks from prosecution under this section of law. 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 certain consumer fireworks. Section 4. States the effective date.   JUSTIFICATION: This bill is being proposed to: 1) define consumer fireworks; 2) clarify language pertaining to dangerous fireworks; 3) provide for the sale and possession of consumer fireworks; 4) provide authorization at the local municipal level (less than a million popu- lation) to issue firework permits; provide an alternative revenue gener- ation method for some local municipalities (less than a million popu- lation); 6) provide for additional state revenues; 7) call for the creation of a consumer fireworks safety educations course; and 8) foster job opportunities and economic growth pertaining to some consumer, fire- works. New York State is just one of four states (DE, MA, NY, and NJ) left in the United States with a complete ban on 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 regu- lations by banning large explosive devices which prove to be the most harmful (i.e. ashcans, cherry bombs, silver salutes, 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 importa- tion of safe fireworks into this country. Beginning in 1994, the Ameri- can 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 (OPSC) statistics show that injury and death caused by, fireworks used by consumers has been reduced in recent years as a result of the aforementioned standards and guidelines. From 1976 to 2007, fireworks usage increased 920% while the injury rate declined over 90%. Data from the United States Fire Service showed that short circuits, properly operated electrical equipment and engine backfires caused more fires and subsequent dollar loss than fire- works. Multiple tube aerial devices, for example, have a stable base, consistent trajectory, and go up "hot" but come, down "cold". According to CPSC, statistics, they have the same safety record as fountains. APA statistics show them to be safer than fountains. Studied show that when an individual is given the opportunity to purchase fireworks legally, coupled with safety education. Injuries are substantially reduced as opposed to an individual who purchases fireworks illegally and does not receive this education.   PRIOR LEGISLATIVE HISTORY: New bill, similar to A.9006-6/S.5902-6 of 2010 - Referred to Codes.   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. More effective utili- zation of law enforcement because of more clear definition of terms.   EFFECTIVE DATE: This act shall take effect in 90 days after becoming law and notification by the NYS Department of taxation to sales tax vendors.
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A01102 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1102--C
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M. of A. KOLB -- Multi-Sponsored by -- M. of A. CALHOUN,
          GIGLIO, HAWLEY -- read once and referred to the Committee on Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee

          with  amendments, ordered reprinted as amended and recommitted to said
          committee -- again  reported  from  said  committee  with  amendments,
          ordered reprinted as amended and recommitted to said committee
 
        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:
 
     1    Section  1. The penal law is amended by adding a new section 405.02 to
     2  read as follows:
     3  § 405.02 Permits for outdoor use of certain consumer fireworks.
     4    1. Notwithstanding the provisions of section 270.00  of  this  chapter
     5  consumer  fireworks as defined in this section may be possessed and used
     6  outdoors by a person holding a valid permit issued by  a  local  munici-

     7  pality under this section.
     8    2.  The  permit authority of a city, village or town may upon applica-
     9  tion in writing and the payment of a reasonable fee,  as  determined  by
    10  the permitting authority, issue a permit for the outdoor use of consumer
    11  fireworks.  A  permit may be issued to a person who is eighteen years of
    12  age or older and has valid proof of completion of a  consumer  fireworks
    13  safety course within the past three years, pursuant to subdivision three
    14  of  this section.   The permit authority shall reserve the right to deny
    15  or revoke any permit for any legitimate reason including, but not limit-
    16  ed to, space, weather, noise, competing event(s) or other.
    17    3. The consumer fireworks safety course must be taught by a  fireworks

    18  group,  organization  or company recognized by the American Pyrotechnics
    19  Association. Upon the completion of  such  safety  course,  a  proof  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00619-04-1

        A. 1102--C                          2
 
     1  completion  shall  be issued and shall be valid for three years from the
     2  date of issuance.
     3    4. "Consumer fireworks" shall mean and include:
     4    (a)  any  combustible  or  explosive  composition  or any substance or
     5  combination of substances, intended to produce  visible  and/or  audible
     6  effects by combustion; and

     7    (b)  which  is  suitable  for  use by the public by complying with the
     8  construction, performance, composition and labeling requirements promul-
     9  gated by the consumer products  safety  commission  (CPSC)  in  16  CFR,
    10  relating  to commercial practice, or any successor regulation, and which
    11  complies with the provisions for "consumer fireworks" as defined in  the
    12  American  Pyrotechnics  Association  (APA)  Standard  87-1, 2001 edition
    13  3.1.1.1 through 3.1.1.8, 3.1.2.3 through 3.1.2.5 and 3.2.1 through 3.2.5
    14  or any successor standard.
    15    5. The use and possession of consumer fireworks shall not  be  subject
    16  to  the  provisions  of  Part 61 of Title 12 of the NYCRR or to sections
    17  four hundred eighty-one, four hundred eighty-two or four hundred  eight-

    18  y-three of the general business law.
    19    6.  Any  permit issued pursuant to this section shall not be deemed to
    20  permit:
    21    (a) the use of firecrackers, chasers,  sky  rockets,  bottle  rockets,
    22  missile  type rockets or reloadable tube aerial shell kits as defined in
    23  APA sections 87-1, 3.1.2.1 through 3.1.2.2 and 3.1.2.6  through  3.1.3.2
    24  and  in  16  CFR,  S405,  and  ground  based fireworks as defined in APA
    25  sections 87-1, 3.1.1.1 through 3.1.1.8 and 3.2.1 through 3.25; or
    26    (b) the holder to violate any local ordinances.
    27    7. This section shall not apply to cities with a population  over  one
    28  million or more people.
    29    §  2.  Subdivision 2 of section 270.00 of the penal law, as amended by

    30  chapter 180 of the laws of 1997, is amended to read as follows:
    31    2. Offense. (a) Except as herein otherwise provided, or except where a
    32  permit is obtained pursuant to section 405.00 or 405.02; (i) any  person
    33  who  shall  offer or expose for sale, sell or furnish,  any fireworks or
    34  dangerous fireworks is guilty of a class B misdemeanor;
    35    (ii) any person who shall offer or expose for sale,  sell  or  furnish
    36  any  fireworks  or dangerous fireworks valued at five hundred dollars or
    37  more shall be guilty of a class A misdemeanor;
    38    (b) (i) Except as herein otherwise stated, or except where a permit is
    39  obtained pursuant to section 405.00 or  405.02,  any  person  who  shall
    40  possess,  use,  explode  or  cause to explode any fireworks or dangerous
    41  fireworks is guilty of a violation.
    42    (ii) A person who shall offer or expose for sale, sell or furnish, any

    43  dangerous fireworks to any person who is under the age  of  eighteen  is
    44  guilty of a class A misdemeanor.
    45    (iii)  A  person  who  has previously been convicted of a violation of
    46  subparagraph (ii) of this paragraph within the preceding five years  and
    47  who shall offer or expose for sale, sell or furnish, any dangerous fire-
    48  works to any person who is under the age of eighteen, shall be guilty of
    49  a class E felony.
    50    (c)  Possession  of  fireworks  or  dangerous  fireworks valued at one
    51  hundred fifty dollars or more shall be a presumption that such fireworks
    52  were intended to be offered or exposed for sale.
    53    § 3. Section 405.00 of the penal law is amended by adding a new subdi-
    54  vision 6 to read as follows:

        A. 1102--C                          3
 

     1    6. Section not applicable to consumer  fireworks.  The  provisions  of
     2  this section shall not apply to the use and possession of consumer fire-
     3  works as such term is defined in section 405.02 of this article.
     4    §  4.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.
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