Call to Action - April 14, 2008

As of April 3, 2008, the NYSPC pro-pyrotechnics industry bill has been introduced as S7283 by our Senate sponsor, George H. Winner (53rd district). This bill is an alternative to the proposed NYS Department of Labor (DOL) Departmental bill that is being pushed very aggressively in the Legislature, and which we believe will severely cripple the smaller pyrotechnic display business owners and operators within our state. In spite of constructive input supplied at considerable expense of time and effort by the NYS pyrotechnics industry working group, it is readily apparent that the DOL's most recent Departmental bill rewrite fails to provide significant change from its previous version and therefore remains unacceptable for the NYS pyrotechnic industry.

On the positive side, the most recent DOL changes do include revisions to the NYS Penal Law to remove the ambiguity regarding private displays. This is a laudable result of the working group's intensive efforts and it is a good first step. On close reading, however, the revised Penal Law language creates a severe problem as it requires, under threat of a Class E felony, full permitting and $1,000,000 of insurance for any fireworks display. This permitting requirement would include testing, demos and other private functions. For this reason, the NYSPC considers the proposed §405 Penal Law language to be incomplete and unacceptable for conduct of business and licensed amateur pyrotechnics activities within NYS.

This week, the process of getting a pyrotechnics industry friendly bill through the NYS Legislature is at an important juncture. The NYSPC needs all its members to ACTIVELY and STRONGLY support the pro-pyro industry bill (S7283) that will preserve the fireworks industry in New York State. DOL is forging ahead rapidly with its own bill, so this is a critical point in time for saving fireworks in NY State. Our pro-pyro bill has been introduced in the Senate and we are asking for your support in signing up Senate co-sponsors, an Assembly sponsor, and Assembly co-sponsors for the pro-pyro industry bill (contact info below).

NYSPC urgently asks all members of the industry and licensed amateur operators to get involved and lobby for the pro-pyro industry bill by also calling Senator Maziarz, chairman of the Senate Labor Committee and voicing our support for the pro-pyro industry bill (S7283). Even more important is a call to Assemblywoman Susan V. John asking her to withdraw her sponsorship of the defective DOL Departmental bill (S3911) and to support introduction of an Assembly companion to the industry's pro-pyro bill, S7283.

Talking Points for Calls to Legislators

Below are a few points that may help in making these calls in support of pro-pyro S7283 and voicing our concerns regarding the DOL departmental bill, S3911/A09006. If staff members request further information, or a contact from the NYSPC, please direct them to:

Curt Dunnam, Legislative Coordinator NYSPC
607-387-3411
PO Box 373
Trumansburg, NY 14886
info@nyspyro.org

Concerns about the broadening of DOL powers granted in the departmental bill

• Expanded authority for the Commissioner with severe punishment for trivial infractions
• Greatly increased DOL power can be exercised with no possibility of appeal or recourse

Concerns about the NYS Penal Law rewrite incorporated in the departmental bill

• The DOL has conceded that "private" displays are not prohibited, but their proposed Penal Law rewrite does not grant the necessary exemption for business support and licensed amateur activities that are "not in commerce"
• Prohibits product testing, demos and private functions, activities common to smaller operators and licensed amateurs; makes these a Class E felony unless a permit is issued

Concerns about DOL licensing and regulation

• Under proposed regs, DOL can arbitrarily deny licenses
• New licensing and certification requirements are unnecessarily duplicative
• Undue impediment to legitimate out-of-state sponsors of conventions and competitions
• Broad statutory framework allows for wide-ranging future DOL regulation
• Low explosives users users subject to high explosives rules and regulations

• Relies on federal BATFE licensing for low-explosives use within NY State, as other states do, eliminates the cost burden of complete duplication of inspections and records, and saves the state money without compromising public safety
• Also leads to economic benefit for the state by facilitating the growth of NYS pyrotechnic businesses and the attraction of national pyrotechnic competitive and industry convention events to New York State venues
• Defines and permits both "public" and "private" display activities within NYS
• Estimated near-term additional New York State economic influx attributable to resurgence of statewide display pyrotechnic activity and attraction of national events would exceed $10,000,000 dollars annually

Contact Information

Senator Joseph E. Robach 56th District Chairman, Senate Labor Committee robach@senate.state.ny.us

Ask for: Tim Ragazzo Legislative Director for Senator Robach Executive Director of Senate Labor Committee ragazzo@senate.state.ny.us

Albany Office	District Office
Room 902 Legislative Office Bldg Albany, NY 12247 518-455-2909	2300 West Ridge Rd. Rochester, NY 14626 585-225-3650

Assemblywoman Susan V. John
Chairwoman - Assembly Labor Committee
131st Assembly District
johns@assembly.state.ny.us

Albany Office	District Office
Room 522 Legislative Office Bldg Albany, NY 12248 518-455-4527	840 University Avenue Rochester, NY 14607 585-244-5255

Please let us know about the calls that you have made and we'll follow up with the legislators' staff members. E-mail confirmations to info@nyspyro.org or phone Charlie Hill at 607-748-0667.

Your calls to legislators will be instrumental in passing a bill that is beneficial to the interests of the pyrotechnics industry and licensed enthusiasts in New York State.

New York State Pyrotechnic Coalition

© 2008 New York State Pyrotechnic Coalition