Amd §392-j, Gen Bus L; amd §§156-h & 156, Exec L; amd §270.00, Pen L; add Art 15 §§330 - 335, Tax L
Authorizes the sale of consumer fireworks in the state; allows fireworks to be sold between May and December; requires compliance with certain requirements regarding registration and facilities; imposes a tax on the sale of fireworks.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3353
SPONSOR: Blankenbush TITLE OF BILL:
An act to amend the general business law, the executive law, the penal
law and the tax law, in relation to authorizing the sale of consumer
fireworks in the state
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the sale of consumer fireworks in the state
SUMMARY OF PROVISIONS:
Section 1. The section heading and subdivision 1 of section 392-j of the
general business law, as added by chapter 477 of the laws of 2014, are
amended and three new subdivisions 1-a, 1-b and 1-c are added.
1-a. "Consumer Fireworks" shall mean any combustible or explosive compo-
sition or any substance or combination of substances which is intended
to produce visible or audible effects by combustion, is suitable for use
by the public, complies with the construction, performance, composition
and labeling requirements promulgated by part 1507 of title sixteen of
the code of federal regulations, or any successor regulation. No consum-
er fireworks sold in this state shall exceed a powder weight of five
hundred grams. For the first two years succeeding the effective date of
this subdivision, sales of consumer fireworks shall be lawful only for a
business registered by the state under section one hundred fifty-six-h
of the executive law between the Friday preceding Memorial Day and Labor
Day, and between December twenty-sixth and January second.
1-b. For every year after the first two years succeeding the effective
date of this subdivision, sales of consumer fireworks and sparkling
devices from permanent structures shall be lawful for a business regis-
tered by the state under section one hundred fifty-six-h of the execu-
tive law between January first and December thirty-first. In the case of
sales of sparkling devices from a temporary structure, as defined in
paragraph (i) of subdivision one of section one hundred fiftysix-h of
the executive law, such sales shall be lawful for a business registered
by the state under section one hundred fifty-six-h of the executive law
between June twentieth and July fifth, and December twenty-sixth and
January second.
1-c. The sale of consumer fireworks shall not be lawful in a city with a
population of one million or more or a county with a population of one
million two hundred fifty thousand or more which is not wholly contained
within a city at any time.
2. Registration requirements
3. Registration form
4. Fees
5. Record and reports
6. Rules
Section 3.The opening paragraph of paragraph (a) of subdivision 2 of
section 270.00 of the penal law; as added by chapter 477 of the laws of
2014
Section 4. Subdivision 20 of section 156 of the executive law, as added
by chapter 477 of the laws of 2014
Section 5. The tax law is amended by adding a new article 15 Section
6. Effective date
JUSTIFICATION:
In New York State, it is currently illegal to buy or use fireworks that
project into the air. Only sparkling devices are considered legal. Many
New Yorkers often travel to Pennsylvania or other states that legally
sell fireworks then bring them back to showcase here. Lifting the ban on
fireworks and permitting consumers to buy or use them would be highly
profitable for our state and bring in much needed revenue.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
